Licenses
NFTMagic offers its users the possibility to issue a license that allows buyers of an NFT to use the artwork that is the subject of the NFT.
Users that mint copyrighted artworks must own the copyright themselves, or must be entitled to issue licenses on behalf of the copyright owner.
It is the sole responsibility of the person minting the NFT to choose a license that is fit for the user’s purpose. If a user makes a mistake (choosing the wrong license-type) he/she can correct this himself/herself by not offering the NFT for sale, by blacklisting it or by burning the NFT and issuing a new one with the correct license.
NFTMagic suggests common license-types that are in line with the Creative Commons standard.). But users can also decide to issue a custom license and define all applicable terms themselves and/or refer to an external website with terms in the description of the NFT.
All NFTs minted through NFTMagic before 28 Jan 2022 have a “10 – Basic License”. Meaning that NFT owners have no specific rights other than owning and selling the NFT and using the artwork that is the subject of the NFT for personal purposes only.
The creator of the NFT can upgrade the License afterwards, giving more rights to owners or potential buyers of the NFT. NFTMagic does not support downgrading the license after an NFT has been minted.
Upgrading Licenses is not allowed for Licenses “80 – CC0 Public Domain” and “99 – Transfer of copyright”. And upgrading from one of the lower license to “90 – Custom License” is allowed only if the new custom license gives more rights than the previous license.
Also upgrading to “80 – CC0 Public Domain” and “99 – Transfer of copyright” is only allowed when no NFT unit has yet been sold or transferred.
License-types that can be set using NFTMagic
10 – Basic NFT license.
Owner of NFT may use artwork for personal use only.
20 – CC BY-NC-ND (Social media NFT license).
Owner of NFT may use artwork for personal use. Non-commercial use (like on social media) is allowed, but artist must be credited. Altering the artwork is not allowed.
Creative Commons reference: https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode
30 – CC BY-NC license.
Owner of NFT may use the artwork non-commercially and may alter it to make new artworks that can also be used non-commercially, but artist must be credited.
Creative Commons reference: https://creativecommons.org/licenses/by-nc/4.0/legalcode
40 – CC BY-NC-SA.
Owner of NFT may use the artwork non-commercially only and may alter it to make new artworks, but artist must be credited. Owner of NFT must use this same license when licensing new artworks that are based upon the artwork.
Creative Commons reference: https://creativecommons.org/licenses/by-nc-sa/4.0/legalcode
50 – CC BY-ND license.
Owner of NFT may use the artwork commercially, but may not alter it. Artist must be credited.
Creative Commons reference: https://creativecommons.org/licenses/by-nd/4.0/legalcode
60 – CC BY License.
Owner of NFT may use the artwork commercially and may alter it to make new artworks, but artist must be credited.
Creative Commons reference: https://creativecommons.org/licenses/by/4.0/legalcode
70 – CC BY-SA License.
Owner of NFT may use the artwork commercially and may alter it to make new artworks, but artist must be credited. Owner of NFT must use this same license when licensing new artworks that are based upon the artwork.
Creative Commons reference: https://creativecommons.org/licenses/by-sa/4.0/legalcode
80 – CC0 Public Domain (No rights reserved).
Author of artwork waives (or has waived) all copyright and related rights to artwork. Or issuer of NFT guarantees to NFT owner that the artwork is not protected by copyright law. Everyone (including NFT owner) can use the artwork for all purposes without having to credit the author .
Creative Commons reference: https://creativecommons.org/share-your-work/public-domain/cc0
90 – Custom license.
Owner of NFT may use the artwork in accordance with the custom description in the properties of the NFT only.
99 – Transfer of copyright.
The party selling the NFT holds the copyright to the artwork. Copyright to the artwork is transferred to the buyer of the NFT by copyright holder. Both original copyright holder and buyer of NFT promise to each other and to subsequent NFT owners that they will cooperate if any extra actions are needed to construct or prove a valid transfer of copyright ownership to the NFT owner.
FAQ
Can I share on social media or on other mediums the links to all NFTs available on NFTMagic?
Pages displaying NFTs on NFTMagic are public. Linking to pages on NFTMagic on social media or any other medium is ok. Everyone using NFTMagic to mint an NFT gives a license to NFTMagic to display the artwork that is the subject of the NFT on NFTMagic and on NFTMagic’s social media. No License limits the possibility of people to link to NFTs on this website.
Can I ask NFTMagic to support with copyright disputes or help solve misunderstandings between buyer and seller of NFTs?
NO. NFTMagic is only a gateway to the Ardor Blockchain. Compliance with copyright laws and the license that is applicable to the artwork that is subject of an NFT is the full legal responsibility of sellers and buyers of NFTs only. NFTMagic might offer its user extra options to delist or burn NFTs. This makes it easier for users to prevent artwork from displaying on NFTMagic any longer.
Why is NFTMagic not responsible for licensing issues or copyright infringement?
NFTMagic acts as a gateway to the Ardor blockchain and IPFS only. Sellers and buyers of NFTs can only trade NFTs through NFTMagic after accepting terms that explain this very clearly. NFTMagic is not accountable or responsible or liable for compliance with licenses by its users or infringement of copyright by its users. NFTMagic is a platform only. NFTMagic can delist any NFT or artwork from displaying on its website at its sole discretion and will grant takedown requests when they seem legit (meaning the NFT will be delisted from displaying on the website). NFTMagic charges no fees to users when minting, buying, selling, trading, transferring or when doing anything NFT related using the website as a gateway. All fees paid through the Sigbro app are the exact Ardor blockchain fees. All NFT trading related services NFTMagic offers are free of charge and are direct transactions on Ardor blockchain that can be done without the use of NFTMagic as well.
Can I upgrade a "10 - Basic NFT License" applicable to NFTs minted before 28 Jan 2022?
Yes. Any NFT can be upgraded to a higher license with more permissive terms by the issuer of the NFT. Even after the NFT has already been sold. Choose wisely though! NFTMagic will not support downgrading to a less permissive license.
Can I downgrade a License?
No. Downgrading a license is now allowed. This would break the agreement between you and the buyer of the NFT. Rights granted to buyers can only be improved (more use permitted) and not reduced (less use permitted). As a workaround to be able to downgrade when your NFT did not sell yet, you could issue a new one with the same artwork as the subject though, but with a less permissive license. And burn or delist the old incorrect NFT.
Why is there a mix of Creative Commons and custom NFTMagic Licenses?
The Creative Commons licenses are widely recognized and have standardized legal texts that are applicable when a Creative Commons license is used. They are easy to use and understand and will fit most purposes. The NFTMagic Basic NFT License has been added to use when no specific usage rights are given by the copyright owner, or when the subject of the NFT is not a copyrighted artwork that can be licensed. The option to set a custom license is there to help users that want to apply their own custom license terms that define how or under which conditions the owner of the NFT is allowed to use the artwork that is the subject of the NFT. This gives users great flexibility.
What permissions does NFTMagic have?
NFTMagic and SIGBRO need access to all NFTs and to the artwork or other files that are the subject of the NFT to be able to display it on NFTMagic and on its social media and for promotional purposes. Therefore all users minting NFTs give a non-exclusive license to NFTMagic to use the artwork or other content for functional and promotional purposes. We will promote your content! Follow us on:
Where can I find the license information on the blockchain?
The License ID (10, 20, 30… 99) is stored in the asset description of the NFTs that are minted using NFTMagic. It is located as the last parameter after the last meta-data separator “|”.
Eg:
N4TM|Cold peaks||k|1st photo collection|undefined|QmVf7QeybrZNuK1m1hAWa2SHwVuRaGGi16bknHR7QkE4Yw|10
NFTs minted before 27 Jan 2022 don’t have this meta-data information in the asset description and therefore license “10 – Basic NFT License” is implicitly applied.
NFTMagic Licenses can be upgraded by the issuer of the NFT though! When this has been done, the upgraded version of the license is available as an Asset Property issued by the asset creator (the person who minted the NFT). The asset property is defined as:
Property -> license
Value -> new license ID
Eg:
