“NFTs: Future or Fad?” Excerpts From A Practical Discussion of NFT Use Cases and Copyright Concerns Raised by NFT Offerings

Abstract

The current hype cycle surrounding non-fungible tokens, or NFTs, has been going on for close to two years.  As we continue to move through this phase and into whatever is next, it is important to look at the current use cases out there and some of the intellectual property issues facing companies that avail themselves of this technology.  What follows are excerpts from my contributions to a discussion panel that took place in November 2021, modified as necessary for clarity and for the purposes of this Article.   The first question one might ask is, “Why are companies choosing to enter into the NFT space in the first place?”