LogFAQs > #961596274

Maybe an easier example to understand. Shepard Farey created the Hope Obama image that went viral for many years. He was sued by some photographer from the Associated Press that claimed Shephard used his photo for reference.

Shepard admitted that he did. He couldnt paint Obama from memory so he did a Google Image search, chose a random photo to look at and then painted it. However, the argument was that he created these art itself and the meaning behind it. All the emotion, and vibe behind it is that if his own creation spawned from the depths of his own soul.

The court somewhat agreed but had to rule in favor of the photographer because thats how the law works, and all money made off the image must go directly to that guy. The court deemed the photographer as the owner of the Obama Hope image.

If that photographer were to NFT the Obama Hope image no one would buy it. It would be considered fraudulent. If Shepard were too NFT it then it would sell for millions because as far as the consumers are concerned hes the owner.

Theoretically anyone could download the thing off of Google Images and NFT it, but as far as the consumer base is concerned it only has value coming directly from Shepard himself.

Shepard is NFTing his art nowadays and making more money than he ever has. Hes completely free from any pesky legalities.