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

Jan 30, 2025


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 Copyright law is an outdated relic of a bygone era—an era where creativity was scarce, publishing was controlled by gatekeepers, and protecting intellectual property actually meant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 And in today’s digital economy, creators don’t need outdated laws.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

Understanding Image Standards on Xibit

Nov 22, 2024

In the dynamic world of digital art, presenting your creations effectively is paramount. While curating a collection on Xibit, I observed that some artists were using mockups for their listings. This practice, though common, can inadvertently misrepresent your artwork.

To address this, I’ve created a concise 5-minute video explaining the importance of adhering to Xibit’s standard image sizes. In this video, I discuss why these standards are in place and how they ensure your art is showcased in the best possible light.

By following these tips, you can enhance the visibility and appeal of your work, making it more accessible and attractive to potential buyers and art enthusiasts.

I invite you to watch the video and share your thoughts. Let’s work together to maintain a high standard of art presentation on Xibit.

Stay creative and keep inspiring!

Open Call Secrets

Oct 16, 2024

The world of open calls is a constantly evolving landscape, especially in today’s digital age. For many artists, open calls are valuable opportunities to showcase their work, connect with galleries, and gain exposure. However, with this growth comes a new set of challenges and considerations. In this blog post, we’ll explore how to effectively navigate open calls, avoid potential pitfalls, and leverage digital tools to make the most of these opportunities.

The Rise of Open Calls and Digital Platforms

Open calls have become increasingly popular in the art world as a way for artists to gain visibility and access new opportunities. Digital platforms like The Hug are leading the way, providing artists with accessible avenues to showcase their work and connect with institutions, galleries, and brands. Platforms like these not only democratize the art world but also foster a sense of community and collaboration. By leveraging digital spaces, artists can bypass traditional gatekeepers and reach a wider audience.

Do’s and Don’ts for Artists Navigating Open Calls

1. Research Thoroughly Before Applying

|Before submitting your work, it’s essential to research the open call’s terms, fees, and legitimacy. Unfortunately, not all open calls are created equal, and some may primarily function as paid services without offering genuine opportunities. Keep an eye out for red flags, like hefty application fees or unclear selection criteria. Make sure the opportunity aligns with your goals and that the potential benefits justify the application effort and costs.

2. Craft a Compelling Submission

When applying to open calls, presenting your work effectively can make all the difference. Your artist profile and statement should convey your unique artistic voice and connect with the jury on a personal level. Quality matters: high-resolution images, clear descriptions, and concise, impactful writing are key to making a strong impression. Remember, jurors review countless submissions, so make yours stand out by showcasing your distinct perspective and artistic journey.

The Role of Community and NFTs in Supporting Artists

The emergence of community-driven platforms is transforming how artists interact, learn, and grow. Spaces like The Hug are dedicated to supporting artists by creating ecosystems where they can connect and collaborate. Engaging with these communities can provide support, inspiration, and resources that help artists thrive.

Moreover, NFTs have introduced new possibilities for artists, offering a way to monetize work directly and connect with collectors. By embracing NFTs, artists can maintain greater control over their creations, how they are sold, and the relationships they form with their audience.

Evolving Trends in the Art Market

The art world is witnessing a dynamic convergence of digital and physical experiences. For example, partnerships between platforms like The Hug and Loupe Art integrate digital art into physical spaces, from galleries to public billboards. In addition, AI tools are increasingly being used in art creation, sparking both opportunities and debates within the art community. While some view AI as a creative ally, others express concerns about its impact on traditional art forms. Regardless of perspective, it’s essential for artists to stay informed and adapt to these evolving trends.

Navigating Rejections and Understanding the Gallery Perspective

Rejections are a natural part of an artist’s journey. While they can be discouraging, it’s important to view them as learning experiences. Understanding the gallery’s perspective can also be beneficial. Galleries often juggle responsibilities like fundraising and exhibition promotion, and knowing this can aid in making informed decisions about participating in open calls.

Key Takeaways for Artists

Navigating open calls requires a discerning approach. As the art world transforms through technology and shifting power dynamics, artists must proactively research opportunities and refine their application skills. Building a strong community can also provide invaluable support, offering resources and networking opportunities throughout an artist’s career.

In summary, open calls offer exciting possibilities, but approaching them with a strategic mindset is crucial. By aligning opportunities with your goals, leveraging digital platforms, and fostering community connections, you can navigate the open call landscape with confidence and purpose.

Licensing Models for Digital Art Collectibles (NFTs) and the Power of Token-Gating

Sep 16, 2024

In the world of digital art collectibles, particularly those sold as NFTs, licensing models play a crucial role in defining what the buyer can and cannot do with the artwork they purchase. These models include non-exclusive, exclusive, and royalty-based licenses, and they are evolving to fit the unique properties of NFTs.

But beyond traditional licensing models, a new mechanism called token-gating is emerging, offering enhanced control over access and usage rights through blockchain technology. Let’s explore how these licensing models work and how token-gating can further protect and manage digital art.

Types of Licensing Models:

  1. Non-Exclusive License:
    • The buyer has the right to use the digital art but does not prevent the artist from selling the same work to other buyers or under other licenses. This is common in stock photography and open editions.
  2. Exclusive License:
    • The buyer gains sole rights to use the digital artwork, meaning the artist typically agrees not to sell or license the same piece to anyone else for the same usage rights.
  3. Commercial Rights vs. Personal Use:
    • The buyer may be granted personal use rights, allowing them to display or enjoy the artwork privately but not use it for profit.
    • Alternatively, the buyer could receive commercial rights, allowing them to use the artwork in advertising, merchandise, or other business ventures.

    Important Note: If you grant commercial rights, you can also ask for a royalty on each item or product sold using your artwork. For instance, the buyer can sell merchandise like t-shirts or mugs, but a percentage of the revenue from each sale would go back to you, the artist. This can be automated through smart contracts embedded in the NFT.

  4. Royalty-Based License:
    • In a royalty-based license, the buyer can use or sell the artwork, but the artist retains the right to a percentage of future sales or uses. This is particularly common in the NFT space, where smart contracts automate royalties on secondary sales.
    • For example, the artist might receive a 10% royalty every time the NFT is resold on a marketplace.

Can You Sell Other Licenses After an Exclusive License?

The key to whether you can sell other licenses after granting an exclusive license depends on how the NFT smart contract defines the licensing terms:

  • Exclusive License: If the NFT grants the buyer full, exclusive ownership of rights such as distribution or reproduction, the artwork cannot be sold under any other license. However, exclusive licenses can be scoped. For example, you could sell an exclusive commercial use license while retaining personal or derivative licensing rights for others.
  • Conditional Exclusivity: Some licenses are time-limited, allowing a buyer exclusive rights for a set period (e.g., one year). Afterward, the artist can sell the artwork under other licensing terms.

Introducing Token-Gating: A Modern Tool for NFTs and Licensing

In addition to traditional licensing models, token-gating has emerged as a powerful tool in the NFT space. Token-gating restricts access to an artwork or its rights to only those who hold a specific NFT, ensuring that licensing terms, such as exclusivity or commercial use, are enforced transparently through blockchain technology.

How Token-Gating Works:

  1. Mint an NFT with Licensing Terms: The artist mints an NFT, embedding or referencing specific licensing terms (e.g., exclusive commercial rights or non-commercial personal use).
  2. Control Access to the Artwork: Only those who hold the NFT have access to the high-resolution artwork or specific usage rights (e.g., the ability to use the artwork on merchandise or in advertising).
  3. Enforce the Licensing Terms: The smart contract can enforce royalty payments on resales, ensuring that the artist receives compensation every time the NFT is sold. Additionally, token-gating can be used to enforce royalties on items or merchandise sold using the artwork if commercial rights are granted.

What Does Full Commercial Rights Mean?

When you grant full commercial rights via token-gating, the buyer can use the artwork to generate revenue. This includes:

  • Creating and selling merchandise (e.g., t-shirts, mugs).
  • Using the artwork in marketing and branding.
  • Creating derivative works and selling them, depending on the agreement.

Common Commercial Uses:

  • Selling Merchandise: Buyers can print the artwork on various products and sell them for profit.
  • Advertising and Branding: The artwork can be used in marketing campaigns or as part of brand identity.
  • Display and Licensing: Buyers can exhibit the artwork or license it for third-party commercial use.

Limitations:

  • Reselling the Artwork: Even with commercial rights, the buyer may not own the copyright unless explicitly stated in the contract.
  • Derivative Works: If the contract does not allow for derivative works, the buyer cannot alter the image and sell the modified version.

Practical Example of Token-Gating:

You mint a digital art collectible as an NFT and sell an exclusive commercial license. The buyer gains full commercial rights to use the artwork in advertising, merchandise, or marketing. Through token-gating, only the holder of the NFT can access the high-resolution file or download the artwork for commercial use.

However, you could still offer non-commercial licenses (such as personal display rights) to other buyers, provided this limitation is clearly outlined in the smart contract. The smart contract can also enforce royalties, ensuring you earn a percentage from any future resales of the NFT. Additionally, you could specify a royalty on each item or product sold using the artwork, which ensures you continue to profit from commercial use.

Final Thoughts:

When selling digital art as NFTs, your ability to offer additional licenses depends on the scope of the exclusive rights outlined in the smart contract. By carefully defining these terms and utilizing token-gating, you can continue to monetize your work while assuring buyers of the rights they’re purchasing. Additionally, by implementing royalties on each item sold under a commercial license, artists can continue to profit from the success of their work over time.