DC Comics Warns Freelancers, Indicates Plans For Official NFT

Thanks to a $1.4 million blockbuster NFT sale by José Delbo, an illustrator of Wonder Woman through the late 1970s, DC Comics sent a warning letter to its current freelancers who may consider something similar.

Jay Kogan, DC Comics’ senior VP of legal affairs, sent the following memo:

Non-Fungible Tokens (NFTs) are becoming the newest fan collectibles and have generated significant press and buzz in the digital space. DC is exploring opportunities to enter the market for the distribution and sale of original DC digital art with NFTs including both new art created specifically for the NFT market, as well as original digital art rendered for DC’s comic book publications.

As DC examines the complexities of the NFT marketplace, and we work on a reasonable and fair solution for all parties involved, including fans and collectors, please note that the offering for sale of any digital images featuring DC’s intellectual property with or without NFTs, whether rendered for DC’s publications or rendered outside the scope of one’s contractual engagement with DC, is not permitted. If you are approached by anyone interested in including any of your DC art in an NFT program, please let Lawrence Ganem, DC’s VP, Talent Services know.

We expect the participation of DC’s freelance talent will be an integral component of the NFT program that DC puts into place. We’ll share further information as it becomes available, and we appreciate your cooperation and partnership.

One of the ongoing complaints of NFTs by companies like DC who have large portfolios of visual intellectual property is that there is no control over what gets sold. If this sort of complaint sounds familiar you are likely old enough to remember Napster, Limewire, and other file-sharing apps.

In this case I could see the owners of marketplaces like Open Sea and Rarible being the subjects of lawsuits should any copyrighted content sell on their platform. Decentralized markets will be much more challenging to police and enforce copyright.

Despite concerns, the solution is clear: offer an official way for consumers to purchase digital collectibles representing their favorite brands. NBA Top Shot is a perfect example of this with nearly $300 million in sales within the past month. There’s no doubt that other brands will be rushing into this space in short order.

In the interim, if you happen to be a freelancer for DC Comics, consider quitting before creating any DC Comics derivative work!