Hope all is well
Apologies for the delay in completing this task - a number of factors conspired against an earlier delivery and correspondingly it sat firmly on the back-burner throughout the autumn - but please find below an overview, along with details of the various assets that I’ll be sending over to you via google drive share.
2 - Folder of template/boilerplate documents (some with accompanying ‘notes’) - IRL licensing, ‘Software as a Service’ platform terms agreement, and a copy of a ‘Network Agnostic NFT License’ document.
Having spent a lot of time researching the various options and approaches - both existing & theoretical - while trying to avoid disappearing forever down a copyleft/copyright rabbit hole…what is clear is there is no unifying standard for NFT licensing…and that adopting existing IRL infrastructure has some drawbacks.
The discussions with my IP lawyer contact/friend were continually quagmired in IRL considerations. In particular, the basic responsibility of a platform to get users to accept a set of terms that protect the platform, and within which a licensing baseline standard would be set, with any deviation/enhancement being at the mint stage, at the risk/responsibility of the minter.
A boilerplate ‘Software as a Service’ platform agreement and a Digital Content Creator License template doc - both with notes on completion - are in the folder.
The terms of service of many of established NFT platforms have been linked in the spreadsheet as there are some license provisions within them - notably the various Rarible docs on Github.
As above the folder also contains a selection of other IRL licensing templates
The widely used "NFT License’’ [developed for Crypto-Kitties] is listed in the spreadsheet, along with a general license developed for Avastars which are both used by/adapted by a number of other projects.
There are also links to licenses for specific NFT projects [BAYC, EulerBeats, NBA Topshots, etc] which all have variations of their own…and a research document on the opaque licensing arrangements for CryptoPunks
There is a link to a second spreadsheet with three proposed NFT licenses and the background to their establishment. They were produced by Yam Karkai & Raphael Malavieille in May 2021 as a potential solution, and offer different rights to buyers. (This was referenced within a GitHub feature request for HicEtNunc to have a similar drop-down selector of licenses function…which did not seem to advance further.)
If the intention is to offer a dropdown of licenses, then for the creative NFTs [art, music, photography] Creative Commons offers a suite of 7 options [6 licenses plus public domain] that cover a wide range of scenarios and practices in a simple [even graphical/symbol] format. They are listed in the spreadsheet along with a link to the legal text for each license.
There is also a ‘platform integration’ page linked which might be interesting to explore as a starting point for Mintbase.
Digression/nb: In terms of the wide variety of applications for “purposeful NFTs” proposed/supported by Mintbase, it’s fairly obvious that the complexity of licensing arrangements will multiply as the spectrum of applications increases. Just as an initial insight into this…ticketing and the use of the redeemer function in general might need a completely separate set of licensing/T&C’s.
Fyi, there is also a link to a mint on Mintbase by the artist EV3RETH [from Hype DAO] that includes a ‘Forever PDF’ that details a “license agreement” covering the arrangements for the future split on reproduction rights, and governance of the IP rights of his work “SUNflower”. This is effectively a “verbal agreement registered on-chain” - and similar to custom licensing text on a per NFT basis that can be found across other marketplaces [Opensea], but makes use of the Forever PDF to provide clearer detail.
As you know, over the summer, I was exploring the possibilities of an on-chain smart-contract solution to licensing rights…using either a micro-DAO, a separate IP token, or both. It became an overly complex thought experiment that probably didn’t address the issue any better…and I only include it here for info/jumping off/criticism purposes. I can go into more details if required but the options under discussion were:
1] A separate [purposeful] IP token that is airdropped to the initial buyer of a creative work. This token replicates what EV3RETH has written into the mint, but separates it both on-chain & commercially. The minter/creator bakes in a royalty rate [currently 10% - at some point soon customisable] but the token otherwise represents an agreed license…which can be sold separately.
2] Licensing rights are placed in a Micro-DAO with governance by two tokens - 51% to the buyer 49% to the creator - the DAO wallet is the beneficiary of the IP governance token…the buyer of the original work maintains control of the IP rights by virtue of the 51% token…but the creator receives a 49% share in the event of the IP being commercialised. [Cumbersome or what…]
Ok, that’s it for now, more info can/will be added to the spreadsheet and folders going forward.
Happy to discuss further on a call etc - or here obviously. In the meantime, please let me know what you would like to see more of.