Ramsey 🎩🤝 on Warpcast

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🎀 benna 🎀🎩 pfp

🎀 benna 🎀🎩

hi, i work with licensing contracts on a daily basis. i *DO NOT* have a legal background in Intellectual Property, but my boss does and after working with her for 3yrs here's my two cents: 1) things that are normal in this clause imo: having the rights to use artists' images for use on social media, in press, exhibitions, on printed materials (magazines, exhibition flyers, etc)--anything that promotes Rodeo and consequently the artist's work (whom, the clause should mention but does not, is ALWAYS credited at a bare minimum. I'm sure Rodeo would credit the artists, though under this clause they are not legally obliged to). ⚠️ things that concern me in thread

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Ramsey 🎩🤝

Hi Benna, thank you (and your boss) very much for your input. Agreed on the standard "normal" things. Platform needs to operate in a way they imagined it to operate. And very much agreed on the Pt 2 (transferrable right should be specified, though I do think this is more related to the nature of NFTs being sold (which can be resold later on by "users")). What I personally have the biggest "problem" is Terms of Usage part 4.B.b.(i) which is a bit too wide for my taste. "display or perform such Original Content on the Rodeo Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public"... This IMO goes a bit beyond of pure distribution and promoting the platform or the works.

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🎀 benna 🎀🎩

good that you mention 'transferable nature of the NFT being sold', because a transferable licence and transfer of an NFT are actually two different things. In Rodeo's T&Cs, just under the paragraph we're discussing, there's the section on 'rights for users' (aka: collectors). This paragraph deliberately specifies that collectors can buy/sell/transfer NFTs but that they do NOT have a transferable licence / ownership of intellectual property of the NFT. Transfering an NFT is fine and normal. A *transferable licence* is questionable imo. and re: the part you're concerned with, this is the part that I am most ok with haha. it's actually the most normal and standard, assuming these communications are in the interest of promoting Rodeo and its artists. only thing they're missing here is that artists should always been credited at minimum, if they can be paid a small fee for inclusion, even better (but basically never happens and artists are happy to receive this promotion for free).

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Ramsey 🎩🤝

Thank you for clarifying the first part, I was not sure about that. I did browse a bit the part about "users" but missed that one. As for the second part... I would also like to assume that, but I've seen too many cases of assumptions like these going the wrong way. So... I'll leave it at that. Thx for the discussion!

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🎀 benna 🎀🎩 pfp

🎀 benna 🎀🎩

very fair!!! should always be vigilant. i say that it's the most 'normal' part, but I certainly don't think it's acceptable. I think contracts should be much, much more precise, but, in order to provide as many financial benefits and flexibilities to companies as possible, it's rarely the case (in any industry)

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