Are spin-off, homage, remix or derivative collections permitted on Sparkles?
The section provides guidance on how Sparkles may moderate content, such as collections and homages in line with the principle of “Fair Use” which users should familiarise themselves with prior to creating NFTs to ensure then are not infringing on intellectual property rights of others.
Put simply, fair use is using copyrighted works or art (such as literature, media, characters) in a which is “transformative” for purposes such as “commentary, criticism, education or parody”.
Prior to creating NFTs where Fair Use may apply, you should consider the following:
- Are you owner of the original rights for all items in your material?
- If you are not, does your use of the copyrighted work add “new expression, meaning, or message to the original work”?
- Does your use of the copyrighted work effect the value of the original work adversely?
- Have you had written authority from the original owner to create your NFT(s)?
- If you are modifying an existing NFT, do you own the original NFT in your account and have any intellectual property rights been assigned to you?
The use of a filter to an image, or the addition on text, may not qualify as fair use. Similarly, simply adding a disclaimer in the title or description does not except you from copyright infringement claims where the copyright holder has not assigned their rights to you or granted you express permission.