Can I use someone else’s music in my NFT?
Select jurisdiction
Germany
If you upload the music during the minting, you are not allowed to use the music as it will be copied during the upload. If you simply link the NFT with an existing music file on the internet (if this is freely accessible) you could do that theoretically from a copyright perspective. You though would need to make clear that you are not the creator / copyright owner of the linked music. Therefore, the overall advice would be not to use some else´s music in your NFT without permission. In this respect you need to be aware of the fact that there are several rights owner´s to recorded music (labels, artists, music publishers, authors, collecting societies). So, music it is really a tricky one from a legal perspective. It is strongly advised not to use music without proper rights clearance.
India
No, you cannot unless you have their permission or the usage falls under one of the exceptions as a fair dealing with any work. Registration of Copyright is not mandatory under Indian Copyright Act, 1957. And any person knowingly infringing the Copyright of others commits a criminal offense.
Greece
Under Greek law, no formalities are required for the registration of intellectual
property rights – these are granted by law if the artwork is characterized of
“originality”, as interpreted by case law. If the artwork is original, then copyright law
applies and the author must provide a written licence or transfer of his copyright so
that you can use his work. However, there are some exceptions by law that may allow
use of part of the work in the final work associated with the NFT, but it is
recommended that you avoid using another’s copyrighted work without prior
permission to create a NFT.
Brazil
No, in Brazilian law, music is protected by copyright (law 9610 of 1998). Only with the expressed authorization of those who have the property rights. The moral rights remain with the author of the work and the use of the work with express authorization must be in accordance with the law.
