1. You've all seen the words - CC0 - and most of you know that some of the most well known projects in the NFT space are CC0 projects. For example, @cryptoadzNFT and @nounsdao. Let's talk about why it matters. A 🧵 ...

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@cryptoadzNFT @nounsdao 2. A note first - the discussion of IP law in this thread is focused on US law, and the law of other jurisdictions may vary. The discussion of the law is very "high level" and is not nearly detailed enough for you to make decisions about legal questions.

@cryptoadzNFT @nounsdao 3. If you have a specific question about IP law and how it applies to your facts, you should contact an attorney.

@cryptoadzNFT @nounsdao 4. I also want to give a special thank you to @ijhammer for assistance with some of the IP law sections of this thread. I'm not an IP lawyer and he graciously helped by editing sections about IP law.

@cryptoadzNFT @nounsdao @ijhammer 5. This thread will be broken into 3 parts:
1. A Brief Discussion of IP Law
2. What is CC0?
3. CC0 as the New Paradigm for Creation of Culture

@cryptoadzNFT @nounsdao @ijhammer 6. Part 1: A Brief Discussion of IP Law

For purposes of this discussion, there are two types of IP law that you need to understand - trademark and copyright. I'm not going to write a treatise on these topics, but we do need to briefly explore what they protect.

@cryptoadzNFT @nounsdao @ijhammer 7. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others. In the United States, they are registered with the United States Patent and Trademark Office (USPTO).

@cryptoadzNFT @nounsdao @ijhammer 8. The USPTO broadly defines trademarks as:

@cryptoadzNFT @nounsdao @ijhammer 9. "...any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors."

@cryptoadzNFT @nounsdao @ijhammer 10. One of the most well-known trademarks in the world is the Nike Swoosh. You can see one of its TM registrations here: tmsearch.uspto.gov/bin/showfield?f=doc&state=4804:1lw0pi.2.2

@cryptoadzNFT @nounsdao @ijhammer 11. Notably, TMs must be for specific classes of goods and services. The Nike TM linked above is for digital goods and was filed in October of last year. 👀

@cryptoadzNFT @nounsdao @ijhammer 12. So, what does it mean when I say "specific classes"? Could you have two trademarks for different companies for different classes of goods and services? Yes! In fact, a company that I work with has a registered TM for a class of services, while a totally different company...

@cryptoadzNFT @nounsdao @ijhammer 13. has a registered trademark for the exact same words for a physical product (i.e. a different class).

@cryptoadzNFT @nounsdao @ijhammer 14. The last key thing to understand about trademarks is that they can potentially last forever. As long as a trademark holder continues to use the trademark in commerce, that holder can keep the...

@cryptoadzNFT @nounsdao @ijhammer 15. trademark alive and use it in perpetuity (subject to renewal filings).

Key takeaways:
*TMs protect brands and consumers by denoting the source of goods and services
*We usually think of them as logos or brand names
*TMs can potentially last forever

@cryptoadzNFT @nounsdao @ijhammer 16. Now that we understand trademarks, let's take a look at copyrights.

Broadly speaking, copyrights protect works of authorship - creative works. Copyright differs from trademark in the sense that it does not need to be registered, rather, it exists...

@cryptoadzNFT @nounsdao @ijhammer 17. from the moment the work is created. However, while registration is voluntary, it is required if you wish to bring a lawsuit for infringement of a U.S. work. Copyrights can be registered through the US Copyright office, which broadly defines them as:

@cryptoadzNFT @nounsdao @ijhammer 18. "...a form of intellectual property law, [which] protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture...

@cryptoadzNFT @nounsdao @ijhammer 19. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed."

@cryptoadzNFT @nounsdao @ijhammer 20. So, what does that mean? Simply put, stories, movies, tv shows, photographs, paintings, and other creative works are protected by copyright. Copyright is an incredibly complex topic, so I'm not going to go into every detail, but that's the basics of what you need to know.

@cryptoadzNFT @nounsdao @ijhammer 21. Characters themselves, for example Luke Skywalker or Batman, can also be protected under copyright. The law on this is complex and is beyond the scope of this thread.

@cryptoadzNFT @nounsdao @ijhammer 22. Copyright is such an important concept in the United States, that it is enshrined in our Constitution. Article I, Section 8, of the Constitution, which describes the powers of Congress says, in Clause 8, that Congress shall have the power:

@cryptoadzNFT @nounsdao @ijhammer 23. "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

@cryptoadzNFT @nounsdao @ijhammer 24. Note, that it says that copyright is for "limited times." How limited is the time and what happens after it expires?

@cryptoadzNFT @nounsdao @ijhammer 25. The first part of that question is actually really complex and varies based on whether an individual authored the work or a company, and varies based on when the work was first authored.

@cryptoadzNFT @nounsdao @ijhammer 26. Long story short, for works that are created today:
If created by an individual, copyright lasts for the life of the author plus 70 years.

@cryptoadzNFT @nounsdao @ijhammer 27. For pseudonymous works and works by companies (among others), copyright lasts for the earlier of (a) 95 years from publication; or (b) 120 years from creation.

@cryptoadzNFT @nounsdao @ijhammer 28. Somewhere around this tweet, you need to hit the "Show replies" button to read this rest of this thread.

@cryptoadzNFT @nounsdao @ijhammer 29. Now that we know how long copyright lasts, let's look at what happens after it expires. When copyright expires, the work moves into the "public domain" which means anyone can use it for whatever purpose they want, but no one can ever own it again.

@cryptoadzNFT @nounsdao @ijhammer 30. We see this ALL THE TIME in the movie and book industries. For example, the 1992 Disney animated film "Aladdin" is based on one of the stories ("Aladdin") from the book "Arabian Nights". Indeed, there have been several versions...

@cryptoadzNFT @nounsdao @ijhammer 31. of Aladdin in film, tv, comics, and even musicals, and many of them were NOT produced by Disney - because anyone can use the basic story of Aladdin (but be very careful about creating characters that are too similar to the Disney versions!).

@cryptoadzNFT @nounsdao @ijhammer 32. Public domain is also why you see lots of different copies of "Dracula" when you go to the book store or Amazon (www.amazon.com/s?k=dracula+book&crid=214VE5MK72GL9&sprefix=dracula+book%2Caps%2C103&ref=nb_sb_noss_1). Dracula is in the public domain and anyone can use it!

@cryptoadzNFT @nounsdao @ijhammer 33. Note, that Aladdin and Dracula are not perfect examples, because neither was originally published in the US, so the law is more complex, but they serve well as demonstrations with which most people are familiar.

@cryptoadzNFT @nounsdao @ijhammer 34. Key takeaways:
*Copyright protects works of authorship like creative works
*Copyright arises automatically, but can be registered for enhanced protection
*Copyright lasts a long time, but eventually ends
*When copyright ends, anyone can use the work

@cryptoadzNFT @nounsdao @ijhammer 35. Part 2: What is CC0?

Creative Commons Zero (CC0) is a type of open source license in which "no rights are reserved". It was created by Creative Commons and is available for anyone to use, at: creativecommons.org/

@cryptoadzNFT @nounsdao @ijhammer 36. Let's break that down:
Why do we need a license?
And, what rights are we talking about?

@cryptoadzNFT @nounsdao @ijhammer 37. If we want people to be able to use a creation that is subject to copyright - CrypToadz, for example - you, as the creator, need to establish what rights you want to attach to your work.

@cryptoadzNFT @nounsdao @ijhammer 38. There are certain inherent rights, but in most cases, those rights establish that the work is yours, if you want other people to use it, it’s best to establish licensing rights.

@cryptoadzNFT @nounsdao @ijhammer 39. In the world of open source software, for example, some common licenses are LGPL, MIT, Apache, BSD, etc., these licenses dictate the rights that are distributed together with your copyright, to end users who wish to use it.

@cryptoadzNFT @nounsdao @ijhammer 40. What inherent rights are we talking about that exist within copyright? Copyright is actually not a single "right" but is often described as a "bundle of rights."

@cryptoadzNFT @nounsdao @ijhammer 41. That bundle of rights means the copyright holder has the exclusive rights of: reproduction, adaptation, publication, performance, and display.

@cryptoadzNFT @nounsdao @ijhammer 42. Let's look at an example of each of these.

Reproduction: The easiest example is making a copy of a book or photograph. When you make a copy of something, you are reproducing that work, and a copyright holder has the exclusive right to make copies.

@cryptoadzNFT @nounsdao @ijhammer 43. Adaptation: When you make a movie out of a book, you're adapting the book. Likewise, when @Greta_gremplin makes a mash-up (like my PFP), she is making a derivative or an adaptation.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin 44. Publication: Publication is simply the distribution of copies. So, if I sell copies of a book, I'm engaged in publication.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin 45. Performance: Performance is usually associated with music. If I play a copyrighted work of music, I'm engaged in performance.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin 46. Display: Display is displaying something in public - this is usually associated with things like tv shows and movies and is when you actually play the video.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin 47. Now, it is very important to understand that when you buy a movie or a book or a picture or anything else that is subject to copyright, you have the right to actually use it for personal use!

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin 48. But, if you were to buy a copy of "The Avengers" and then set up drive-in movie theater and invite the public to come watch the movie, you're probably going to get in trouble unless you get permission first.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin 49. Ok, now that we have a basic understanding of the rights protected by copyright, we can revisit the question of: What does it mean when a CC0 license says that "no rights are reserved"?

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin 50. Ultimately, it means the copyright holder is choosing to ‘opt out’ of the inherent copyrights he/she is entitled to by virtue of being the creator of the works and to place them as completely...

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin 51. as possible in the public domain, so that others may freely build upon, enhance, and reuse the works for any purposes without restriction under copyright law.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin 52. Want to put a CrypToad on a shirt and start selling it? Have at it! Want to create a book with pictures of Nouns? Go ahead!

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin 53. Indeed, @mintfaced has created the "Nouns Almanac": www.amazon.com/gp/product/0473630257/ref=ppx_yo_dt_b_asin_title_o01_s00?ie=UTF8&psc=1

Disclosure: I don't make anything from the Almanac, but I do have a copy on the way. Mint Face is a friend and it just happens that his book is an excellent example of what you can do with CC0.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced 54. While CC0 is the most well known of the Creative Common licenses, there are actually others. For example, a CC BY license allows people to do whatever they want with your creation, BUT they must give credit to you.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced 55. You can read more about the different Creative Commons licenses here: creativecommons.org/about/cclicenses/

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced 56. Key takeaways:
*CC0 is a type of license that makes works which have been licensed under it available to anyone to do whatever they want
*There is a bundle of rights protected by copyright, but a CC0 license means the author does not retain those exclusive rights

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced 57. Part 3: CC0 as the New Paradigm for Creation of Culture

Before we dive into this section, I suggest that you read this thread by my friend @krybharat. It's an excellent view of copyright and CC0 during the software and internet age.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 58. Before we look at how CC0 can be the new paradigm for the creation of culture, we first need to understand why copyright even exists in the first place. Let's look back to the Constitution, which says:

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 59. Congress has the power: "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 60. This tells us almost everything that we need to know. In order to encourage the arts, the founding fathers gave Congress the right to create copyright laws "to promote the progress [of] useful arts..." In other words, by giving creators...

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 61. the right to control their creations, they are incentivized to create! In 2020, Catherine Zaller Rowland, the Associate Register of Copyrights and Director of Public Information and Education, wrote an article celebrating the IP clause in the Constitution.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 62. In relevant part, she wrote: "But what does this Constitutional mission mean? To me, it means that copyright’s ultimate role is to encourage creativity and our flourishing national culture. Copyright accomplishes this by providing a balanced system that includes both...

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 63. exclusive rights and exceptions and limitations. Copyright grants a number of exclusive rights—including reproduction and distribution among others—that provide authors with the incentive to create and ability to protect their livelihoods."

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 64. The entire article is worth a read and is here: blogs.loc.gov/copyright/2020/09/promoting-progress-celebrating-the-constitutions-intellectual-propert...

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 65. Many of my artists friends understand this concept. They love creating - it is what they live to do - but they also must provide for their families. That is copyright's purpose - to encourage people to create culture by giving them the ability to profit from their creations.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 66. Copyright is necessary and makes sense in many, many instances of creation. For example, when J.K. Rowling set out to write the Harry Potter series, she created an entire world, with dozens (hundreds?) of characters who had specific goals and motivations.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 67. The world of Harry Potter has its own rules and myths. It has a specific look (as seen in the movies, with which J.K Rowling was heavily involved) and even special foods and drinks. The world of Harry Potter is a cohesive world and that cohesion makes it a delight to enjoy.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 68. Now, imagine that the first Harry Potter book had been released under CC0. How many derivatives would there be? Would we have lost some of Rowling's vision? Would she have changed her plans based on a successful derivative? I suspect things might be very different.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 69. I do not advocate killing off copyright or releasing every work as a CC0 or other form of public license.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 70. Instead, I think there is value in understanding that an artist can create something and release it to the public and that creation will grow organically. Importantly, an artist can still provide for themselves and their family when releasing under CC0.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 71. When the Constitution was written in 1787, the world was a very different place than it is today. If you were an author, your market was limited to the people physically near you and wherever you could physically ship your creations.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 72. Ideas, thoughts, and art spread across the world at the speed of horses and ships, rather than the speed of light.

I imagine every reader of this thread has heard of the Mona Lisa and probably knows what it looks like, and if you don't, here you go:

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 73. That - the fact that I can show you a painting that is located in Paris, while I'm sitting in my house in Texas, and you're wherever you are - is magic.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 74. And that magic has forever changed what it means to create. No longer is your audience those who are physically close to you. No longer are you limited to selling art during "business hours".

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 75. Technology has created a world market that operates around the clock and there are buyers who want to own culture. So, the incentive structure has changed and part of that change is due to the smart contract.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat 76. By creating a mechanism where an artist can be paid royalties on the secondary sales of their work, an artist is not obliged to continuously create, even when that special spark - the Muse, as my friend @lphaCentauriKid calls it - is not there.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid 77. Instead, an artist can create something brilliant, and spend their time honing creations to be exceptional, safe in the knowledge that as their work gains popularity and sells on the secondary market, they can feed their family.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid 78. So, how do all of these factors - CC0, the speed and distance of communication enabled by technology, and secondary royalties enabled by the smart contract create a new paradigm for the creation of culture?

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid 79. These new ideas mean that the incentives to create culture do not have to be locked into having the exclusive rights to your creations.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid 80. @punk4156 recently wrote:

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 81. I commented:

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 82. After thinking and writing this thread, I realize my comment was flawed. From the start - in 1787 - copyright was necessary because...

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 83. technology had not sufficiently advanced to create the world market that we have today and there was no method for artists to benefit from secondary sales. So too does copyright remain necessary and appropriate in many circumstances.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 84. Today, though if you create something powerful that resonates with people, it may become part of our shared myth; it may become a meme. As @punk6529 wrote:

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 @punk6529 85. But how does a creation take hold as a meme? It must spread far and wide. People must find meaning in it. People must love it. The world must accept it. And, I believe that is far more likely when anyone can modify the original.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 @punk6529 86. I'm sure many of you are familiar with this image.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 @punk6529 87. But ask yourself: Do you know the image because you remember seeing the original or because of the countless versions that you've seen with text? I would wager the latter.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 @punk6529 88. This image of the girl in front of the burning house is a meme. And, the girl, Zoë Roth, profited handsomely from the meme, when she sold an NFT of the original image for $500,000.
www.npr.org/2021/04/30/992383825/disaster-girl-the-stuff-of-memes-sells-for-nearly-500-000-as-nft

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 @punk6529 89. But why would anyone want to buy it? Because, as I wrote in detail in Part B of this thread, people want to own a part of culture.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 @punk6529 90. I encourage creators to stop and think about what they are creating and why. If your goal is to truly affect culture, consider releasing your work as CC0. When you do, there is a chance that it could take hold of the hearts and minds of other creators, who

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 @punk6529 91. can propel it to meme status by creating derivatives and spreading it far and wide.

For an example, let's turn back to our humble Toadz. They have inspired countless artists from @thenoadz to the evil @drbullfrug.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 @punk6529 @thenoadz @drbullfrug 92. Toadz have taken on a life of their own and are probably far more successful than even @supergrempIin ever imagined. But that never would have happened if they had not been free to use by the world through the CC0 license.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 @punk6529 @thenoadz @drbullfrug @supergrempIin 93. The Toadz derivatives are amazing, but many people want to own the originals. So, Toadz remain among the most coveted and prized NFTs available.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 @punk6529 @thenoadz @drbullfrug @supergrempIin 94. If you, artist friend, create something that takes on a life of its own through derivatives and creations of others, there will be a whole swath of people who desperately want to own the original creation. Your future is secured.

@cryptoadzNFT @nounsdao @ijhammer @Greta_gremplin @mintfaced @krybharat @lphaCentauriKid @punk4156 @punk6529 @thenoadz @drbullfrug @supergrempIin 95. CC0 works, through derivatives speed of light communication, will be the basis for many of the memes - the myths that underpin society - moving forward. CC0 creations are the new paradigm of culture.

If you enjoyed this thread, retweets of the first tweet are appreciated. Here’s a link to that post.

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6529 @punk6529 · May 30, 2022

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Great thread

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