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Appl. Sci. 2021, 11, 9931 9 of 19 trade of crypto collectibles largely mirrors real-world art trade unless otherwise specified. By copyright law, when one purchases a physical painting, they only buy ownership over the tangible asset; the copyright of the artwork, including any commercial rights, remains with the artist, unless that is specifically covered in writing and signed [99]. Tonya M. Evans, a law professor at Penn State university, in her study on digital collectibles in relation to copyright, concluded that copyright law “does not specifically identify digital or digitized works as copyrightable subject matter” [100], because it applies equally “to physical embodiments and those requiring the aid of a machine” and therefore, an NFT “contributed by an author that contains at least a minimum amount of creativity is capable of receiving copyright protection” [100]. Therefore, from a legal standpoint, it appears to be clear that NFTs would be treated like tangible paintings when it comes to copyright. It must be noted that legislation differs by country, however with regards to copyright law in particular, it could be argued that it shares great similarities across different countries and regions. Examining how intellectual property rights of NFTs are enforced on the platforms where crypto collectibles are traded, different approaches can be identified. When the creators of CryptoKitties invented NFTs [49], they also published an accompanying license, i.e., the “Nifty License” (nftlicense.org, accesed on 18 October 2021), which allows collectors some commercial reuse of the asset associated with the NFT. However, that does not appear to be adopted elsewhere beyond CryptoKitties. Indicatively, the leading platform Foundation.app (where Edward Snowden sold his first NFT raising 5.5 million USD for the Freedom of the Press Foundation [101]), clarifies in its terms of service that collectors are able to trade the NFT, i.e., the token, but they do not obtain any commercial rights on the asset the NFT represents [102]. The “Nifty License” demonstrates an intent for crypto collectibles to push the boundaries and introduce new norms to the art trade in relation to artwork copyright ownership. However, at present, it is commonly accepted amongst creators, as well as buyers of NFTs, that, unless otherwise specified, the trade of crypto collectibles does not involve or impact the intellectual property rights of the asset NFTs are associated with in any way. 5. Digital Collectibles and OpenGLAM 5.1. Malicious Uses the Case of Global Art Museum Despite the brief history of NFTs, malicious uses of crypto collectibles have already emerged. Amongst them is the case of the Global Art Museum (GAM). Launched in March 2021, GAM presented itself as an organisation that “transforms historic art into blockchain-secured NFTs [ . . . ] disrupting the Art Museum industry” [103]. Through the popular NFT marketplace OpenSea.com, GAM offered NFTs of masterpieces by Vermeer and Seurat for sale, claiming it would share 10% of profits with the institutions where these works belong [104]. All of the works that GAM utilised for its NFTs have been made available through OpenGLAM, an initiative that promotes free and open access to the digitised collections of galleries, libraries, archives and museums [96]. Pioneered by the Rijksmuseum in 2011 and later adopted by leading museums and galleries, such as the Metropolitan Museum of Art, the National Gallery of Denmark and the Getty, the core aim of OpenGLAM is to encourage cultural heritage organisations to refrain from adding new rights to images of artefacts, whose original work is in the public domain (i.e., free from any known copyright limitations) [96]. From a legal standpoint, GAM did not infringe copyright law, since images made available through OpenGLAM are available for unrestricted reuse. However, by naming its collections of NFTs after the respective institutions (e.g., “The Rijksmuseum Collection”) [105], whilst also promising revenue share with the museums, GAM created the false impression that it was in some form of partnership with the respective institutions, implying their endorsement. Tina Rivers Ryan, the curator of modern and contemporary art at the Albright–Knox museum, uncovered GAM with an extensive thread on Twitter that went viral in museum circles, mounting strong criticism against it [12]. When the Rijksmuseum clarified that itPDF Image | Crypto Collectibles, Museum Funding and OpenGLAM
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