The NFTs clause: are licensors waking up to digital use?

As the settled Miramax v Tarantino case failed to yield much-anticipated answers to licensing disputes involving non-fungible tokens, what key questions remain?

While the ink may be well and truly dried on an IP licensing deal, the potential for disputes concerning non-fungible tokens (NFTs) related to that IP is forcing rights owners to look at the small print.

Few developments have presented as many intriguing questions for IP in recent times as the promise of the metaverse and the emergence of NFTs.

And while debate rages over exactly what rights are transferred in the sale of an NFT, and those accorded by laws protecting freedoms of expression, the role played by licensing agreements is still ripe for discussion.