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  • Writer's pictureJeff WIlson

What You’re Buying & What You’re Not



Let me state in plain terms, I want to make art that people enjoy. I want as many people to enjoy my art as possible. I want you to enjoy my art. Enjoying my art, any art, is more than just viewing it - it’s the full experience of owning and experiencing something. While there are some basic limitations here, I know there are many reasons that drive one to purchase this piece. I am always open to what you want to do. If there is anything that goes outside what is defined here, let me know. If it is mutually enjoyable, we’ll figure it out. Enjoy the legalese.


WHAT YOU CAN DO


By purchasing this NFT:


  • You own the NFT purchased which gives you access to the art associated with it and represents an instance of the art (similar to a first edition of a classic novel)

  • You recognize the “art” associated with the NFT is the digital version associated with the NFT - digital copies of the art or physical prints (in any form or media) is considered a copy

  • You have the right to sell your NFT and are not bound to any price (pro tip: sell higher)

  • You have the right to sell partial or fractional shares of your NFT and that buyers of the fractional or partial shares are bound by the same rules outlined here

  • You recognize that there may be creator royalties on any sale and will be identified on the NFT prior to your purchase (pro tip: sell higher - it’s a win/win)

  • You recognize that there may be more than a single NFT associated with the art - if the art is specifically a “one-of-one”, it will be noted in the NFT and no other will be created or details will be called out

  • You recognize that if multiple NFTs are available and an edition, your ownership is not shared across other NFTs of this work but you have full ownership and control of the specific NFT you purchased and have no rights or responsibilities related the other NFTs

  • You recognize that if there are multiple NFTs associated with the same art, your NFT is part of an edition defined when initially minted and distinct from other editions if minted later

  • You recognize that there may be later minted editions (though in general, but not guaranteed, earlier editions are more valuable, cooler, and make yours morally better - again, think classic novels)

  • You have the right (and are encouraged) to print and display the art associated with the NFT you purchased - if you prefer viewing on your phone, that’s cool too (I don’t judge)

  • You recognize that sale of the NFT does not require you to deliver a printed version

  • You recognize that sale of the printed version does not implicitly transfer ownership of the NFT unless part of your explicit terms of the sale (that’s all on you, sorry)

  • You recognize that the sale of a printed version is nowhere near the same as selling the NFT though you can safely assume you may generate the same sale price as selling a printout of the Mona Lisa (cha-ching)

  • You recognize that, if this bullet is included, I have not yet figured out how to enforce or react to non-currency trades and cannot stop you from giving your NFT to someone else with or without anything in return skirting creator royalties (OK, I occasionally judge, and, if you do this, feel good for yourself, I cannot do anything about it)

  • You recognize that you have the right to use the art associated with your NFT as a profile picture (PFP) on various online spaces

  • You recognize that you have the right to use the art associated with your NFT in online and offline publications and collections (e.g., typical social media posts, online articles about NFT art, etc.) if un-altered, proper attribution is given, and not for direct commercial use of the art

  • You recognize that you have the right to use the art associated with your NFT in any commercial venture with proper, written approval from the artist only

  • You recognize that if something generally understood as “bad” happens to you (death, significant impalement, wood chipper, aliens, certain imprisonment situations, cults, etc.) ownership of the NFT is considered part of your estate, unless overridden by your legally documented wishes, and ownership may be transferred - though, again, that’s kind of on you - I have no idea how that works


WHAT YOU CANNOT DO


By purchasing this NFT:


  • You recognize that you do not have full or partial commercial rights to the artwork associate with your NFT

  • You recognize that you do not have any rights or responsibilities regarding the intellectual property (IP) of the artwork associate with your NFT

  • You recognize that you are not granted any extended utility, function, or access not directly called out on the NFT

  • You recognize that you do not have any rights or responsibilities regarding the source file or code that may have been used to generate the art associated with your NFT

  • You recognize that you cannot pass the art off as your own creation

  • You recognize that you cannot make modifications or derivatives of the artwork for commercial purposes in any way, not even remotely

  • You recognize that you cannot use the work to pass yourself off as the artist (i.e., me) for any reason even without direct commercial purposes

  • You recognize that you have no rights or responsibilities on any other NFT or artwork related to or similar to the NFT you purchased

  • You recognize that, while you can use the associated artwork in certain publications and collections (see above), you cannot use the art associated with your NFT in most commercial ventures without proper, written approval from the artist - when in doubt, please ask, there’s a reasonable chance I’d be good with it

  • You recognize that you cannot use the art associated with your NFT for advertising, marketing, or branding of any commercial purposes - if you feel your ad, marketing, or branding needs are outside the scope of these terms, again, ask the artist


WHAT THE ARTIST (Hey! That’s me!) MAINTAINS


You recognize the creator of your NFT and associated artwork:


  • Maintains all IP and commercial rights to the source artwork, files, and/or code used to generate the art associated with your NFT

  • Has no rights or responsibilities of the digital version of the art directly associated with your NFT

  • Has no rights or responsibilities regarding the future value of your NFT beyond creator royalties

  • Has no rights or responsibilities on continuing to work in the space, produce new work or NFTs, or be active in any communities - though:

    • it is in my best interest to continue and

    • if I were to disappear into the night, consider me dead, dead artists occasionally translate to higher art value (but please don’t get any ideas)

  • May choose to release future editions of an NFT unless otherwise detailed on an initial NFT


ONE FINAL NOTE


There are many Web 3-centric ideals that I would like to incorporate into these terms including granting commercial rights, allowing derivatives, and, in general, letting patrons do what they want with my work, however they choose. Unfortunately, I am not currently clear on how to provide that in a way that protects me, my work, or other NFT holders. I am open to any ideas and, if additional rights can be applied, future versions of these terms may be made available that can override any of the above limitations. My ultimate desire is to provide artwork that people enjoy and can find value. Help me understand how I can provide more value and I will gladly find a way to incorporate.


Thank you,

The Management


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