Robot Chicken creator Seth Green’s four Bored Apes were stolen. Now debate rages over whether he’s also lost the rights to use them in his new TV show.
that “When you purchase an NFT, you own the underlying Bored Ape, the Art, completely.” Some believe this means that even if the NFT is bought from a thief, the usage rights transfer to the new owner.
Green has a TV show called White Horse Tavern in development which features the Bored Ape in question so if this interpretation is correct he may not be able to move forward with the show because he’s lost the commercial usage rights. A for the show debuted on May 21 at the VeeCon NFT conference in Minneapolis, but the launch date is unknown.Buzzfeed News on May 25 that buyers are usually legally protected if they unwittingly buy a stolen item and Coin Center communications director Neeraj K. Agrawal suggested that Green could get sued if he still uses the BAYC in his show.
i’m hardly an IP expert but my understanding of the ape system is yes this is within the new holder’s rightsBut the Head of Policy at The Blockchain Association Jake Chervinsky said this interpretation is incorrect and a court would likely rule in favor of Green retaining the legal rights to the BAYC’s image, adding “In other words, code is not law.”
If Seth can prove the NFT was stolen, it's very unlikely a court would just throw up its hands & say "oh well, the thief gets the legal rights too"
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