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Putting the news in perspective

The Takeaway

Spicy Takes on SpiceDAO

This weekend NFT critics drew an analogy and their ire to a recent successful auction of a rare print of the classic sci-fi novel Dune. In December, SpiceDAO, a decentralized autonomous organization, paid $3 million to buy Alejandro Jodorowsky's unpublished manuscript for an unmade film adaptation of Frank Herbert's 400-page odyssey at a Christie's auction.

 

This weekend, a month after the hammer fell, the DAO tweeted its plans for the storyboard. They wanted to "Make the book public (to the extent permitted by law)," "Produce an original animated limited series inspired by the book and sell it to a streaming service," and "Support derivative projects from the community."

 

Seeing this tweet – of a plan that was known essentially when SpiceDAO initially crowdfunded $11.8 million – Wikipedia contributor and Web 3 critic Molly White published a story on her blog "Web 3 Is Going Great" titled, "SpiceDAO wins a $3 million auction to buy an extremely rare storyboard book of Dune, only to learn that owning a book doesn't confer them copyright." Other media orgs jumped at the occasion. 

 

"[SpiceDAO] were quickly informed that buying the physical book did not somehow confer to them copyright or licensing rights (much like how buying an NFT does not automatically confer you the rights to the underlying artwork!). You'd think they might have checked that first," White wrote. 

 

Many joined a Twitter pile on. Some noted how buying a rare book isn't the same as owning its contents. Others erroneously suggested the DAO purchased an NFT of the manuscript, which of course also wouldn't confer ownership of Dune's intellectual property. There is no NFT or plans for one, as far as I can tell.  

 

Also called "Jodorowsky's Bible," the work is a collection of writings and prints that have historical significance. Making it as public as possible seems the right thing to do. Many noted the book's contents are already hosted online (on Google Photos, for instance), but the DAO wanted to make public ownership a little more durable as Google can remove the file whenever.

 

The DAO members also wanted to treat the work with the appropriate amount of respect. A crowdfund was just one way to show how meaningful it is to the public. Creating derivative works by highly-motivated fans is another. 

 

SpiceDAO is seemingly aware of what it bought and the legal considerations of their plans. After winning the auction, the DAO's co-founder Soban Saqib told Buzzfeed it was in the process of transferring ownership for permanent storage, and figuring out how to manage the multiple copyrights for the bible's contents that artists and their estates can lay claim to. 

 

Frank Herbert's "Dune" will not become public domain until 2060 in the U.S. and 2054 in the E.U., but there are still things the DAO can do. The laws around fanfiction are a little looser, and the "fair use" exemption gives some leeway.  

 

Although the DAO has a governance token ("SPICE") that trades on the open market, it's not clear the group aims to profit from its endeavors. It might bump up against securities rules. And after being forced to rename itself from DuneDAO, due to copyright complaints, you can be sure they're aware of certain limitations. 

 

SpiceDAO did not respond to a request for comment.

 

Read the full article here. (It's twice as long and gets into copyright standards and NFTs!!!)

 

Daniel Kuhn

The Chaser...

The Node

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