From Baseball To Blockchain: The Right Of Publicity In NFTs

By Daniel Lifschitz (May 17, 2022, 5:46 PM EDT) — If you’re a practicing attorney in the entertainment or technology spaces, it’s a safe bet that not a week has gone by in 2022 without someone asking you about nonfungible tokens, or NFTs.

Built on top of the same infrastructure that powers cryptocurrencies such as Bitcoin and Ethereum, NFTs operate as unique digital certificates that are nominally tied by the seller to some piece of external media, which could range from classic movie memorabilia to procedurally generated artwork of cartoon apes.

The primary hook of NFTs is that their history of ownership — to the extent that one can exclusively possess…

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