As computers begin producing art-like works and NFTs offer a new way to own digital content, businesses, governments and internet users are experimenting with their approaches to intellectual property rights. The experiments show the ways in which emerging tech is colliding with the existing legal framework for IP as policymakers begin contemplating updates to it. This month, NFT platform Probably Nothing announced the launch of "Probably a Label," a partnership with Warner Records that the firms are billing as the first Web3 record label. After the music business endured decades of bruising legal and policy fights over peer-to-peer file sharing, Probably Nothing co-founder Aaron Ahmadi billed the "weird and radical" partnership as a chance for the industry to try a more liberal approach to IP. Holders of a crypto token issued by Probably a Label would have IP rights over a shared library of digital media to be compiled by the project. So, owners of the token would be able not only to listen to the music, but also do things like use it in the soundtrack to a movie or in a commercial. The label launch comes after the companies partnered this summer on an NFT project by the Warner artist the Stickmen Project. The companies issued NFTs that gave collectors copyright to an image and a 30-second clip of music that was algorithmically generated using components created by the artist. Outside of the music business, other companies also spent the summer ceding digital rights to users. Last month, Yuga Labs, the issuer of popular NFT lines like Bored Ape Yacht Club, announced that it was releasing IP rights for two of its lines to NFT holders. And in July, Dall-E, the AI-powered image generation project, announced that users were free to reproduce art created with the software for commercial purposes, a move that let the project steer clear of unresolved legal questions about the application of copyright laws to the products of artificial intelligence. Government bodies are starting to grapple with the IP implications of these new technologies, too. As several lawsuits over who has the right to mint NFTs of what make their way through U.S. courts, the United Nations' World Intellectual Property Organization took up blockchain tech during a committee session in Geneva that concluded earlier this month. At the session, the European Union Intellectual Property Office discussed plans to use NFTs to track the rightful ownership of branded products in order to thwart counterfeiting. Much of the agenda was tentative, though. Tech execs and governments are still wrapping their heads around the strange new world of Web3 IP. "Technologies such as blockchain and NFTs have challenged the definition and scope of copyright," wrote Jiang Bo, who manages legal affairs at the Chinese tech giant Tencent, in materials accompanying his presentation at the UN agency's session. "Many new concepts, forms, subjects and objects have emerged."
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