Haystack in a Hurricane - The Legal Risks of Depicting Real People in NFTs
The Crypto Conversation
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The Transformative Use Test
We are unaware of any court decision that is ruled on whether the depiction of an individual in an nft without his or her permission violates that person's right or public right of publicity. The so called transformative use test is one of the most widely adopted analyses. We briefly review some cases relevant to nfts, ranging from comic book characters and trading cards to art work and tea shirts.
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