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Copyright is Dead: Why It Fails Creators & What Comes Next


The Illusion of Copyright Protection

I’ve been thinking about this for a long time. Copyright law is an outdated relic of a bygone era—an era where creativity was scarce, publishing was controlled by gatekeepers, and protecting intellectual property actually meant something.

Today, in a world where AI tools are everywhere, the idea that an artist needs government validation to claim their own work is ridiculous.

The U.S. Copyright Office’s latest AI report confirms that AI-generated works alone cannot be copyrighted, but human contributions can make a work eligible—depending on the level of creative input. However, the report leaves open how much human input is enough and who decides that threshold.

Creators shouldn’t need a stamp of approval to claim and monetize their work, but the Copyright Office has ruled that AI prompts alone do not qualify as authorship. This means artists must demonstrate clear creative modifications to claim copyright.

The truth is, copyright began as a way to regulate publishing monopolies and later evolved into a tool for controlling distribution and maximizing corporate profits. And in today’s digital economy, creators don’t need outdated laws. We need better tools.


A Brief History of Copyright

Copyright has always been about power—who controls creative works, and who profits from them. It started as a tool for regulating publishers, but as technology advanced, it became more about corporate control.

📚 The First Copyright Law (1710): The Statute of Anne (England) was the world’s first copyright law. It granted authors rights to their work but also limited publishers’ monopolies over books.

📚 The U.S. Copyright Act (1790): America copied this model, granting authors a 14-year monopoly (renewable once). It was meant to incentivize creation, but from the beginning, copyright was tied to commercial interests.

🎬 Hollywood & Copyright Expansion (20th Century): Movie studios, record labels, and publishing giants lobbied for stronger copyright laws to maximize profits. Copyright protections were extended multiple times, often benefiting corporations far more than individual artists.

Let’s be real: who actually benefits from copyright today?

✅ Big corporations that have the resources to sue infringers.
✅ Lawyers who make millions fighting over intellectual property.
✅ Platforms like YouTube that weaponize copyright claims to control content.

Meanwhile, most independent artists can’t afford to enforce their copyrights. In the digital world—where images, videos, and music can be copied infinitely—copyright is an illusion of protection.


Photography, AI, and the Fear of New Technology

What’s happening with AI-generated art today is exactly what happened with photography in the 19th century.

When photography was first invented, traditional artists and legal experts argued that photographs weren’t “real art” because “the camera did the work.” Sound familiar?

📸 The Supreme Court & Photography (1884)
In Burrow-Giles Lithographic Co. v. Sarony, the U.S. Supreme Court ruled that a photograph could be copyrighted—but only if the photographer exercised creative control (composition, lighting, pose).

The same vague standard is being applied to AI today:
💡 If an artist uses AI, how much control is “enough” for copyright?
💡 Who decides, and why should artists need approval at all?

The real problem isn’t AI. It’s that copyright law is stuck in an outdated framework. AI, blockchain, and digital tools have already changed how art is created and shared. Instead of arguing over “human effort,” we need new systems that work for artists today.


If Copyright is Fading, What Comes Next?

If copyright no longer protects artists, how do we protect and monetize our work?

The answer isn’t more lawsuits—it’s better technology:

1️⃣ Blockchain & Smart Contracts: Proof Without Permission

Timestamp & track authorship on the blockchain—no government needed.
Smart contracts allow automatic licensing and royalty payments.
✅ Artists don’t need permission to own their work.

📌 Note: While blockchain provides proof of ownership, legal systems haven’t fully recognized it as a copyright alternative yet. But adoption is growing.

2️⃣ AI + Licensing: Own Your Process

✅ Instead of fighting for copyright, artists should define their own licensing terms.
✅ AI-assisted creation should have clear monetization options rather than legal battles.
Decentralized platforms & NFTs allow direct sales, tracking, and automated royalties.

3️⃣ Direct Monetization: No Gatekeepers

✅ Platforms like Patreon, Substack, ARTstocker, and creator-driven tools let artists sell directly to their audience.
✅ Instead of fighting piracy, artists can embrace accessibility and focus on community-driven monetization models.


A Call to Artists: Stop Playing By Old Rules

Why are we still waiting for validation from institutions that don’t serve us?

📌 The Copyright Office, record labels, and publishers are scrambling to stay relevant—but they aren’t necessary anymore.

✅ Artists don’t need permission to claim their work.
✅ AI isn’t a threat—it’s an opportunity.
✅ Copyright isn’t the future—blockchain, licensing, and direct ownership are.

It’s time for artists to stop playing by outdated rules and start creating a system that works for us.

🔴 Copyright isn’t dead yet—but it’s fading. What comes next is up to us.


Where Do You Stand?

Is copyright still relevant in the age of AI and blockchain? Or is it time to move on?

Let’s talk. Find me on X and most social media sites: @vlaneART

Gamifying and Monetizing Digital Art Collections with Token-Gating

In the constantly evolving world of digital art, there’s a fresh approach that allows artists to both monetize their existing work and create an engaging experience for collectors—token-gating within tiered art collections. This innovative system doesn’t require artists to create new work but instead lets them turn existing pieces or byproducts of their creative process into valuable collectibles, much like a sawmill turning leftover wood into particle board. By doing this, artists can monetize their artwork in a way that feels natural and sustainable, rather than forcing them to produce more content.

Understanding Tiers in Digital Art Collections

Tiers within a digital art collection are different levels of artwork that provide varying levels of access, exclusivity, or perks to collectors. Each tier represents a different type of engagement with the artist’s work, allowing collectors to choose their level of participation while maintaining the integrity of the artist’s creative process.

Types of Tiers in a Collection:

  1. Ultra-Rare (Exclusive Access):
    • These are the most exclusive pieces in a collection, offering collectors unique access to the artist’s finest work or exclusive experiences. This could include:
      • Access to high-resolution digital artwork that’s not available elsewhere.
      • Invitations to private virtual or in-person galleries.
      • Behind-the-scenes content about the creative process.
  2. Rare (Special Editions):
    • These are limited but more widely available than ultra-rare items. These digital art pieces may offer unique perks such as:
      • Access to early releases of new collections or artwork.
      • Invitations to artist Q&A sessions or community events.
  3. Common (Standard Editions):
    • These are the most accessible artworks in a collection and are perfect for newer collectors. These pieces could include:
      • Digital downloads of artwork that can be displayed on personal devices.
      • Discounts on future artwork purchases.
      • Access to community-based rewards like group challenges or voting on future artistic themes.

Token-Gating Artwork Within the Same Collection

By token-gating, artists can control access to different parts of their collection based on the artwork or digital collectible a collector holds. The artwork itself acts as the key, unlocking additional content, benefits, or future artwork drops. For instance, collectors who hold ultra-rare or rare pieces could gain access to hidden, bonus artwork, or early previews of the next collection, making their experience more valuable.

How Token-Gating Enhances the Collector Experience

  1. Progression Through Tiers:
    • Collectors could “level up” by purchasing more artwork from a single collection, unlocking greater perks. For example, owning both ultra-rare and rare pieces may unlock access to a completely new, unreleased piece of artwork.
  2. Easter Eggs and Hidden Rewards:
    • Artists could gamify the experience by hiding secret artwork or collectibles that can only be accessed once the collector holds a certain combination of pieces. For example, collectors who hold two specific pieces could unlock a hidden, bonus artwork or gain access to a private event.
  3. Collaboration and Interaction:
    • Artists can invite token-holders to participate in collaborative projects. For instance, rare and ultra-rare holders could be given the opportunity to vote on the theme of an upcoming artwork or even submit ideas that the artist could integrate into the final piece.

Monetizing What Artists Are Already Doing

The beauty of this system is that it doesn’t require artists to go out of their way to create additional content. Instead, they can monetize their existing process:

  • Rough drafts, sketches, and concept art—often the byproducts of larger projects—can be packaged as digital collectibles.
  • Artists can token-gate behind-the-scenes content or create exclusive experiences like virtual studio tours without needing to produce new physical works.
  • Through the use of royalty systems, artists can even earn a percentage from the resale of their digital artwork or from merchandise created with their art (if commercial rights are granted).

Gamification Without Extra Work

This system also allows for gamification—turning the act of collecting into a fun and engaging process for buyers. By unlocking artwork through progression or combination of collectibles, artists can create a dynamic relationship with their collectors without needing to constantly produce new content.

Collectors are naturally incentivized to explore the artist’s existing body of work, unlocking new layers of value simply by holding multiple pieces from the same collection. This approach doesn’t require the artist to do more work, but rather to cleverly package and market what they’ve already created.

Conclusion: Monetizing the Creative Process Naturally

By embracing token-gating and tiered digital art collections, artists can create a more interactive and engaging experience for collectors while monetizing the art they are already producing. Artists can sell exclusive content, access to behind-the-scenes moments, and rare digital artwork—all through the same collection—without needing to create new work. This method turns the artist’s creative process into a sustainable income stream while keeping their workload consistent.