Music NFTs Minting & Copyright
Learn the things that you should know about copyright when minting, buying and selling Music NFTs.
What Makes Music NFTs Different From Traditional Music or Art?
Music or artwork (digital or not) are not the same thing as NFTs. NFTs are “non-fungible tokens”, meaning they represent digital assets accompanied by a certificate of authenticity, and are stored on the blockchain.
What Is Music NFT Minting?
When you decide to create a Music NFT, you must start by “minting” the visual artwork and audio file. Minting an artwork (whether visual or musical) refers to the act of tokenizing the artwork, i.e. uploading it to a music NFT marketplace platform (in this case, EARSHOT) and issuing a token to guarantee its authenticity. EARSHOT uses "Lazy Mint" technology, which means there are no fees for you to mint your Music NFT.
Once you have minted your music on the EARSHOT platform as an NFT, you should never mint it on another platform. When minting, you can specify how many copies of that NFT are in circulation (minted), creating limited runs (e.g. only 10,000 copies), which is written into the Music NFTs certificate of authenticity. If you ever decide to do so, note that most platforms reserve the right to delete the NFT or even ban you from their platform.
Don't worry, if you do sell all copies of your Music NFT, you maintain all commercial rights to any music and visual artwork underlying the NFT. That means you can still market your art by making prints or merch, or even license it. Collectors are not allowed to do so - they only have the right to sell, trade or transfer the NFT that they have purchased. This means they can’t (unless they have written authorization from the artist): mint a copy of that NFT, make people pay to view the NFT, sell any derivative object incorporating the NFT or exploit the NFT in a commercial way.
This leads us to an important question: are Music NFTs protected by copyright? NFTs are not protected by copyright, because they do not meet the basic criteria for copyright protection. They represent data on a blockchain, which would not constitute an original work of authorship under intellectual property law. However, the original music and artwork that you mint will be protected by copyright. For that reason, you should never mint any artwork that you didn’t create yourself.
Ready To Mint? What Do You Need To Consider?
Is the music you want to mint original and created by you?
Minting a non-original artwork or stealing art from someone else could be considered copyright infringement.
Is the music in collaboration with other artists?
If you want to mint collaborative music, make sure you get authorization from the other contributing artists.
Is the song a cover or remix?
If the song you've recorded is a cover or inspired by somebody elses work (such as a remix), it’s always better to get the written permission from the original artist before minting or, if that’s not possible, to consult a lawyer.
Earshot Intellectual Property Rights
The legal stuff.
You are solely responsible for your use of the EARSHOT platform and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Platform. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant EARSHOT the license described at the bottom of this page for marketing purposes, and that the content does not violate any laws.
EARSHOT will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user's access to the platform if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please contact our team immediately by using the Infringement Claim form that will be available on the EARSHOT platform.
For us to process your infringement claim regarding content on the Service, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. If you choose to write to us by e-mail, your notice must include:
Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material;
Your contact information – at a minimum, your full legal name (not pseudonym) and email address;
A declaration that contains all of the following:
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
A statement that the information in the notice is accurate; and
A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
Your physical or electronic signature (of your full legal name).
Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on EARSHOT and can also contact you to resolve any dispute.
USING YOUR MINTED CONTENT FOR MARKETING
By using the EARSHOT platform in conjunction with creating, submitting, posting, promoting, or displaying content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, audio, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the platform.
EARSHOT does not claim that submitting, posting, or displaying this content on or through the platform gives EARSHOT any ownership of the content. Don't worry, we're not saying that we will own any aspect of your content, we're just saying we might use it and show it off a bit for marketing purposes.