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work with an art advisorThe digital age has facilitated the selling and producing of original art, however, it has also made it easier for thieves and fraudsters to take advantage of talented artists. NFT art enthusiasts will have you believe that the rise of crypto (and subsequently, its security) will ensure that digital art will now be safe from theft, but that is not the case. While there are many ways digital criminals can exploit online weaknesses, the most commonly reported form of NFT theft is when others sell art as NFTs without the artist’s consent.
Twitter accounts, such as @NTFtheft run by the American artist known as “bor”, work with the arts community to identify NFTs made from stolen artwork. Though working with these accounts will help you discover if your art has been stolen, they don’t have much power to help remove and/or reclaim your artwork. Here are a few things you can do to prevent and protect yourself from stolen art:
1. Watermarks
Using watermarks on the art you sell is an excellent preventative measure for digital artists as it allows you to show your work to online art enthusiasts while making it clear who created the original art. The most effective watermarks are difficult to remove yet do not obscure or distract from the art piece. Common areas to put your watermark are the centre, places with immense detail, and other such areas that make the watermark a challenge to take out without the original file. You can use almost any art program to create a watermark, from Photoshop to Canva.
2. Internal reporting
Many of the most popular NFT platforms, like OpenSea and Rarible, have reporting tools to indicate an NFT is stolen. On OpenSea’s help centre page, you can report fraudulent activity and fill in the relevant information to show your artwork was stolen. Similarly, on Rarible you can directly report an NFT; after clicking the three dots in the upper right-hand corner, click report and provide as much information as you can to show you did not consent to have your artwork become an NFT. For a more detailed set of instructions, take a look at this article.
While this may seem simple, some artists have reported having trouble with this system. Since OpenSea and Rarible are private corporations and write their user agreements, they have no obligation to respond or inform claimants what, if anything, was done to the NFT they reported. Many artists recount platforms saying they can’t do anything or not getting a response at all.
3. Copyright procedures
Depending on where you live, you might have legislation in place that allows you to take action against stolen copyright. For American artists, you can issue a Digital Millennium Copyright Act (DMCA) takedown. Following the instructions on their site, you can inform NFT platforms that they’re hosting stolen artwork. For Canadian artists, we have similar legislation known as the Notice and Notice Regime. Rather than put the responsibility on the platform, the legislation requires that a notice is sent to the IP provider, who then informs the owner of the IP address that they’ve infringed on someone’s copyright. For more information, visit the Canadian government’s website.
4. Talk to a lawyer
This is certainly a last resort option, but if the stolen NFT is stealing money for your livelihood, then you might want to consider consulting a copyright lawyer in your area. They would know what options you have and which one is the best course of action.
No one wants to have their art stolen, but the art community has worked together to ensure that artists have the resources they need to recover their losses. If your artwork was stolen, know that you’re not alone and have a community of artists supporting you!
Created on: March 6, 2024, 6:10 p.m.