Introduction
Copyright is the law of art. As a digital art platform and producer within the blockchain ecosystem, the Kamp Kilmer community benefits from protecting the legal interests of all creators and collectors. This means ensuring that Artists understand that only authorized and original content may be minted and listed for sale through Kamp Kilmer. By respecting the rights of all creators, Kamp Kilmer Artists help ensure market confidence in the rarity and value of each Kamp Kilmer Item to the growing network of digital art collectors. These Copyright Guidelines and Policies provide an overview and are not legal advice and should not be relied on as such. Artists and collectors' are responsible for understanding and being up to date with copyright law and practices therein.
There is no guarantee as to the accuracy of the information herein. If you have a legal question about your rights as an Artist or Collector, especially a right concerning your right to mint artworks, a “fair use defense,” or a claim of copyright infringement, you should contact an attorney and not any members of the Kamp Kilmer team. For more information on copyright law, you can visit the website of the U.S. Copyright Office or the World Intellectual Property Organization (WIPO).
What is a “Copyright”?
A copyright is a legal right granted to authors and artists for “original works of authorship.” In general, copyrights can be obtained in all sorts of creations, such as paintings, drawings, sculptures, poems, lyrics, musical compositions, sound recordings, audiovisual works and, digital art. Copyright protection allows creators to market, exploit, and protect their creative efforts. A copyright owner has the right to prevent the unauthorized reproduction, display, distribution, and performance of original works of art. Only the copyright owner can authorize such uses.
Copyright Ownership
Copyright ownership in a piece of work initially belongs to the author or authors of the work. Absent an obligation to assign, convey, or transfer the copyright to someone else (i.e., a “work for hire” as discussed below, copyright, IP to be transferred upon completion of sale.. etc), the Artist(s) enjoy sole copyright ownership for original digital creations.
Joint Works (Collaborations)
When two or more authors create a single work with the intent of merging their contributions into inseparable or interdependent parts of a unitary whole (i.e., digital art with audio elements), co-authors are considered joint authors and have an indivisible and equal interest in the work as a whole. Thus, true joint authors by default are equally entitled to sales and royalties, unless the joint authors agree otherwise. Currently, Kamp Kilmer collaborations and negotiations are discussed between artists of joint works. Collaborations, compensations, and royalties are discussed with parties involved unless stated otherwise.
Works Made for Hire
Certain types of specifically commissioned works, or so-called “works made for hire,” are an exception to the general rule that the Artist is the legal creator of the work. If a work was commissioned through a written agreement or made during the scope of the Artist’s employment, the party that hired the Artist may be considered both the author and the copyright owner of the work.
Are Commissioned Works “Works Made for Hire”?
Not necessarily, but the rules may vary based on the jurisdiction. In the United States, artwork specially ordered or commissioned for use as a contribution to a collective work or as a part of a motion picture (or other audiovisual work) may be considered a “work made for hire” if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. Whether or not a work is legally a “work made for hire,” you may have assigned copyrights to the person who commissioned the work if you signed an agreement specifically stating so. Always be on the lookout for copyright-related terms whenever you are creating works for others and be sure that you are only minting works that you own the copyrights to. To learn more about “works made for hire,” visit the U.S. Copyright Office.
NFT Ownership ≠ Copyright Ownership
Ownership of a copyright is separate and distinct from ownership of any material object (i.e., a painting) or digital asset (i.e., a non-fungible token or “NFT”) in which the work is embodied or embedded. According to our Terms of Service, Artists do not lose copyright protection over works when they are sold through Kamp Kilmer, unless the parties expressly agree in writing to convey a copyright interest as part of the transfer. As further explained in our Terms of Service, Collectors only have a property interest in lawfully purchased NFTs , but they do not have a copyright interest in the underlying artworks unless stated otherwise. The Artist reserves all exclusive copyrights to the underlying copyrights.
Can Artists Make Commercial Use of Kamp Kilmer Artworks After They Sell?
As the copyright owners for the works they create, Kamp Kilmer Artists have the exclusive right to make commercial use of their artworks (and all other exclusive rights under copyright law) even after being sold through Kamp Kilmer. This means, that Artists are generally free to market, print, and license artwork underlying minted NFTs. However, and as explained further below, Artists are not permitted to sell other digital works or NFTs if an identical work is sold or listed for sale through Kamp Kilmer.
The Collector’s Limited Rights to Kamp Kilmer Artworks
Collectors have the exclusive right to sell, trade, or transfer their Kamp Kilmer Items, but Collectors may not make “commercial use” of the underlying work unless stated otherwise. For example, Collectors may not sell copies of the work, mint additional NFTs based on the work, sell access to the work, sell derivative works embodying the work, or otherwise commercially exploit the Work. As detailed further in our Terms of Service, Collectors receive a limited license only to display artworks underlying Kamp Kilmer items legally owned and properly obtained.
Artists Can Only Mint Original, Authorized, and Non-Infringing Works
Kamp Kilmer maintains its standing as a respected producer of fine art by continuing to have high confidence in the integrity of the artwork and artists. Collectors should ( and can) be confident that every item produced by Kamp Kilmer is an original and lawfully minted creation that does not infringe on the intellectual property rights of others. As an Artist, you can improve your own reputation and value to the Kamp Kilmer community by following these guidelines:
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Mint only original, non-infringing works that you actually and personally created
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Mint only works that you have the legal authority to mint (i.e., you are the owner of the copyright and you have not transferred the copyright to another)
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Refrain from minting stolen, knock-off, or infringing content
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Refrain from minting content created by other Kamp Kilmer Artists, unless expressly permitted
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If your work incorporates unoriginal content, make sure that either the appropriated content is in the public domain or you have a valid “fair use” defense
Artists Are Responsible for Determining That Their Works Do Not Infringe
Artists should monitor their own art for infringing content before minting to ensure the integrity of the marketplace and to protect their own reputation. Our Terms of Service expressly require Artists to represent that their works contain no infringing or unauthorized material. If an Artist’s work is found to be infringing on content or violates these guidelines, whether or not a ‘fair use’ exception may apply, Kamp Kilmer will hold the Artist liable. Kamp Kilmer will also take down infringing works, revoke community privileges, and restrict or remove the use of Kamp Kilmer platform(s) and sites. More details about rules for minting works through Kamp Kilmer can be found in our Terms of Service.
Artists Must Refrain from Minting Unoriginal or Unauthorized Content Unless a Credible Fair Use Exception Applies
Although the digital art world is relatively new, and standards for fairly rewarding all contributors are still under development, it’s clear that the crypto art movement has continued the practice of reappropriating unoriginal content, often with a symbolic, transformative, or meme-worthy purpose. Artists should never mint a work containing copyrightable elements of another’s work unless they are authorized by the copyright owner or a valid fair use defense applies.
Artists Must Determine at Their Own Risk Whether Their Works Qualify as “Fair Use”
Artists are solely (or with the help of their attorney) responsible for ensuring that the content they mint does not infringe the rights of others. Indeed, our Terms of Service and minting procedure require the Artist to represent that their works are in fact original creations. Whether or not an Artist believes that his or her work qualifies as “fair use,” they may still be held liable for infringement if an aggrieved copyright or trademark owner decides to institute legal action.
Understanding “Fair Use”
The “fair use” defense is typically asserted as a defense to a copyright infringement claim and it works exactly like it sounds – the “use” of another’s copyrighted content ought to be “fair” if it is going to be tolerated. Artists appropriating unoriginal works should have a strong artistic basis, rationale, or purpose for exploiting the former work, and should not be motivated solely by passing off the work as their own or undercutting the original artist’s ability to market his or her own work. “Fair use” can be thought of as an embodiment of freedom of speech in the art domain. Even though the rights of copyright holders should be respected, some copying and appropriating should be tolerated to facilitate a free and open exchange of ideas, concepts, and artistic statements.
Whether the Work Has a “Transformative” Purpose, Such as to Comment Upon, Criticize, or Parody a Copyrighted Work
Sometimes considered the most important factor, consider whether your work creates something new by transforming the meaning, expression, or purpose of the appropriated content or whether your work is merely copying the visual elements of another work. Ask yourself, did you add any additional aesthetics, elements, information, or creative input or are you relying primarily on the aesthetics or message of the appropriated content?
Kamp Kilmer Does Not Make “Fair Use” Judgements for Artists
We want and expect all of our Artist’s to post non-infringing and original content, but we recognize that Artists need to borrow and build upon other works from time to time to fulfill their artistic message and style. However, Kamp Kilmer will not make value judgments about the merit of particular pieces or the credibility of a “fair use” argument if a work is allegedly infringing, as it is almost certainly impossible for Kamp Kilmer to do.
Artists Agree Not to Mint Multiple NFTs for the Same Underlying Work
Kamp Kilmer items are intended to be unique, meaning that there should only ever be one digital token or asset for a given work of art. Blockchain makes it possible to verifiably prove the provenance and authenticity of digital art like never before, but there are currently no deployed technological mechanisms or standards to prevent Artists from minting identical NFTs and selling them without the original Collector’s knowledge. In order to ensure the rarity of each Kamp Kilmer item, our Terms of Service provide that minting a work through Kamp Kilmer constitutes an express representation, warranty, and covenant that the Artist has not, will not, and will not cause another to mint, tokenize, sell, or offer for sale another digital collectible, asset, or product for the same underlying work.
Copyright Infringement Complaints Under the Digital Millennium Copyright Act
Kamp Kilmer respects the intellectual property rights of others. It is our policy to respond promptly to any claim that content posted on the site infringes the copyright or other intellectual property rights of any person. Kamp Kilmer will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (DMCA) and these Terms, including removing or disabling access to content claimed to be infringing and/or terminating accounts and access to the site. Collectors purchase Kamp Kilmer items assuming the risk that it may be subsequently taken down pursuant to a valid DMCA Notice. For more information on the DMCA and filing or responding to a DMCA “Take Down” Notice, please review our Terms of Service.
Penalties for Violating These Guidelines
Failure to abide by these Community Guidelines and Policies may result in, without limitation, suspension of minting privileges, deletion of your account, revocation of your right to access the Kamp Kilmer platforms, delisting of your artworks, or other penalties deemed suitable by the Kamp Kilmer team. Kamp Kilmer has the unilateral authority and discretion to remove, suspend, or revoke Artists’ and community access to the Kamp Kilmer platforms for posting unoriginal content, whether or not a credible “fair use” defense exists.