Copyright & Creator Rights

⚖️ Copyright & Creator Rights

1) Who owns copyright?

• Original artwork: The creator typically owns copyright automatically when the work is created.
• Selling a physical item usually transfers ownership of that item, not the copyright.
• Selling an NFT usually transfers ownership of the token, not the copyright, unless stated clearly in writing.

2) Licenses vs. ownership (most common confusion)

• License: permission to use artwork in a specific way, such as printing a magazine cover or using an image for promotion.
• Ownership transfer: written terms that assign copyright to someone else.
• Many deals are licenses. A license is not the same as giving away copyright.

3) Magazine covers & published artwork (example case)

• If you created the cover art and there is no written agreement assigning copyright, you usually still own the copyright.
• A publisher often receives a license to print or use the image for that specific publication and promotion.
• If your contract includes exclusivity such as “no prints,” “no resale,” or “no editions,” you must follow it.

4) Artist rights to create prints

• Unless you signed an agreement that restricts editions, creators typically keep the right to make prints.
• If a gallery, publisher, or client says they own “all rights,” ask for the exact clause in writing.
• Best practice: keep a folder with your contracts, invoices, and emails for each project.

5) Work-for-hire & commissioned work

• Work-for-hire can mean the client or employer owns the copyright, especially for employee-created work.
• Some commissions include ownership transfer, while others only grant a license. It depends on the written terms.
• If you were paid as an employee or signed a work-for-hire agreement, do not assume you can sell prints or mint NFTs without permission.

6) NFTs: what buyers usually get

• Buyers usually receive the token plus whatever license or rights you describe in the listing.
• Buying an NFT usually does not transfer copyright automatically.
• If you want buyers to receive commercial rights, print rights, or broader usage rights, you must say so clearly in writing.

7) What TrekO expects from sellers

• Only upload and sell items you created or have the legal right to sell.
• Do not upload copyrighted images, logos, or artwork that you do not have permission to use.
• If you are unsure about ownership or licensing, pause the listing and verify your rights before publishing.