CryptoTwitter is still at war over the NFT derivative debate

A recent post in the Crypto-Twitter community sparked a discussion about BAYC IP rights. Basically, a Twitter user, @mattborchert initiated the debate as he talked about how the NFT project ‘0xAPES’ took advantage of BAYC IP rights and generated a whole new collection out of it.

For the unknown, each BAYC owner receives the Intellectual Rights (IP) rights of their NFTs. Simply put, they can make and sell prints, T-shirts, coffee mugs, etc. using the IP of the BAYC NFT they own. Indeed, some have taken their IP rights to a whole new level, forming Ape-In Productions to create music and animation based on the BAYC’s likeness.

What was the whole debate about?

Basically, @mattborchert expressed his frustration via the tweet. Where he also said buying NFTs from such projects is supporting the wrong creators. Clearly, this presented us with both sides of the debate.

While @puntedDecision took a different stand and said, ‘let’s be clear here. This take fails to understand art & derivatives. derivatives add value to the originals. derivatives steal 0 dollars from the original. time to start thinking about these things differently; the old paradigm doesn’t work in an on-chain world.’

Simultaneously, @mintface wrote, ‘The simplest solution to this is trademarking imagery. Trademark infringement carries criminal penalties and tends to be more wide-ranging than copyright infringement. The ‘passing off’ test is a better criterion too.’

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