• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

2

Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'

3

Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 

1

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year

2

Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'

3

Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 
TechNFTs

Polka-dotted Crocs and the war over copyrights in NFT art

By
Nimrod Kamer
Nimrod Kamer
Down Arrow Button Icon
By
Nimrod Kamer
Nimrod Kamer
Down Arrow Button Icon
November 22, 2021, 7:30 PM ET

In August, a digital artist who closely guards his personal identity, going only by the online alias “loafgren,” did what the masters of his trade do best. He stole. Loafgren slapped a copy of “polka dots,” a famous work by Damien Hirst, one of the world’s most prominent artists, on a digital image of a pair of Crocs.

That was just the start. Loafgren then turned the parodic mash-up into an NFT, or non-fungible token, a unique piece of crypto-linked digital media that can be tracked and traded on a blockchain, the public ledger that underpins cryptocurrencies. He put the creation up for sale, and someone bought the virtual item in an online auction for 0.5 Ether, or $2,000 in Ethereum cryptocurrency.

Loafgren’s cheeky homage didn’t go unnoticed. Days later, Hirst’s official Twitter account asked him in a direct message to “refrain from using my artwork without my direct permission.” Loafgren wasn’t surprised by the outreach, but he did wish, somewhat counterintuitively, that Hirst had taken harsher action. “[I’m] upset Hirst hasn’t sent a DMCA yet,” Loafgren told Fortune later, referring to the Digital Millennium Copyright Act, effectively a legal takedown notice.

When people issue DMCAs, they can result in more attention being paid to targeted works—and, crucially, given the increase in awareness, boost their market value. That would have proven valuable for Loafgren’s next act. After receiving Hirst’s “direct message,” Loafgren screenshotted the DM and sold an NFT version of the image for 0.154 Ether, or $600. “If Hirst’s goal was for me to not make money off of his art, he should’ve just ignored it. I’m thankful he didn’t,” Loafgren told Fortune.

(Hirst’s studio did not reply to a request for confirmation of the private Twitter interaction.)

Loafgren’s hijinks are just one example of the ongoing collision between traditional art world sensibilities and the frequently fast-and-loose, irreverently remix-friendly culture of crypto art. The quarrel also points to a new frontier that has opened for online legal disputes. Similar scandals have erupted even within the increasingly less niche crypto world, including over CryptoPunks, whose thousands of pixelated NFT avatars have spread like kudzu across social networks; its creator, the startup LarvaLabs, has lodged complaints about ripoffs such as CryptoPhunks, which sell on nose-thumbing marketplaces like NotLarvaLabs. Another artist, SHL0MS, sold tokenized shards of a smashed toilet as an homage to conceptual artist Marcel Duchamp’s famous Fountain urinal masterpiece. He says the work is intended as a statement about how “all rights reserved” conflicts with the ethos of Web 3.0, a term often invoked to describe a coming iteration of the Internet powered by crypto and NFTs.

Artists generally have little recourse to prevent anyone from aping their work. Standard options include complaining or, more formally, issuing DMCA notices. The latter typically demands that places like auction houses remove images of supposedly offending NFTs from their sites. The tool has limitations though. Scrubbing an NFT from the blockchain—the immutable ledger that forms the basis of Ethereum and other cryptocurrencies—is technically infeasible and almost always impossible in practice.

DMCA notices have zero jurisdiction on the blockchain, in other words. Blockchain entries, once embedded, tend to live forever on these ledgers. Oftentimes, even after an auction site, like Foundation or SuperRare, strikes down an NFT listing after receiving a DMCA notice, the offending NFT will still be visible on another site, like OpenSea, often called the eBay of NFTs. Records are, generally, permanent; only a token owner can burn a given token.

While Loafgren supports the use of DMCAs as a form of free marketing, other artists resort to them because there are few alternatives for protecting original works. Chris Torres, an established NFT artist and maker of the flying feline Nyan Cat meme, says the notices are useful. He described to Fortune how he faces Nyan copycats almost daily. He has used DMCA notices at least 30 times in the last few months to get digital marketplaces to take down imposters and prevent people from being tricked into buying fake ones, he says.

Loafgren believes Torres’s use of DMCAs is hypocritical. “For someone who owes his entire career to fair use and the freedom to redistribute art via the Internet, you would think he’d be more supportive, or at least not proactively against, derivative works,” Loafgren says of Torres. He notes that the body of the eponymous cat in Nyan Cat is itself a reproduction of a Pop-Tart. “Maybe Kellogg’s should DMCA him for using their brand and he’ll change his mind about this rights circus. Good artists copy, great artists steal, fake artists send DMCA notices.”

Loafgren’s anything-goes attitude has supporters. “As long as it’s fair use and there’s something visually or conceptually distinct from the original, I think takedowns have no place in art,” SCHL0MS says. “I always say yes when people ask to riff on my work.”

Ray Genco is an entertainment and intellectual property lawyer who has studied NFTs. DMCA notices are “a great tool for an IP holder to choke the proliferation of an infringing work,” he says. “It requires the platform, or the public interface, to ‘delist’ the potentially infringing item. If the secondary artist disagrees there is a process to escalate it and get an adjudication.”

That system worked well up until recently. On the status quo web, where centralized entity middlemen, like YouTube, can receive and respond to requests, there’s generally no problem. But the advent of blockchains changes things. Even when a secondary work is taken off of an NFT listing site, like OpenSea, “the blockchain allows it to continue to be traded,” Genco says.

CryptoPhunks, the infamous CryptoPunk copy that was taken down from OpenSea only to launch their successful independent marketplace, epitomizes the conflict. New Web 3.0 technologies, which can spin up decentralized marketplaces, “create IP and copyright issues left and right. But I’m convinced the proliferation of NFTs is a net positive for artists,” Genco says. “Paintings can be forged and sold as works of masters, but provenance is actually clear & transparent.”

Genco says that most cases either get dropped or reach a settlement outside the courts. It’s hard to litigate art, after all. “Does the secondary work, even though it incorporates a prior work, or looks similar, add a new meaning, message, or expression? The law is not specific. It is ambiguous and allows each case to be creatively argued.”

Web 3.0 is an intellectual property wild west, and was designed to be that way. Numerous artists see their work copied and resold again and again. While DMCA notices are being used as a deterrent, they have become an artform on their own, inspiring copycats to use the takedown notices for PR to launch new knock-off marketplaces.

Slighted artists’ only solace: Imitation is the ultimate form of flattery.

Nimrod Kamer is an active NFT artist and collector in the web3 token community.

Subscribe to Fortune Daily to get essential business stories straight to your inbox each morning.

About the Author
By Nimrod Kamer
See full bioRight Arrow Button Icon

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Tech

How Grab’s CTO sees the superapp’s push into physical AI and automated driving—and why he uses his competitors’ robots in the office
AITransportation
How Grab’s CTO sees the superapp’s push into physical AI and automated driving—and why he uses his competitors’ robots in the office
By Angelica AngMay 22, 2026
8 hours ago
Trump AI and crpto czar David Sacks sits next to Meta CEO Mark Zuckerberg at a dinner table in the White House as Zuckerberg turns to Sacks and says something.
AIAmerican Politics
Tech billionaires convinced Trump to back off an AI executive order. But much of MAGA favors AI regulation
By Jeremy KahnMay 22, 2026
8 hours ago
James Daunt sits in a booksop, gesturing with both hands and smiling.
AIbooks
Barnes & Noble CEO clarifies the bookseller’s stance on AI-written books after refusing to ban them: ‘This is a straightforward rejection of AI books’
By Sasha RogelbergMay 22, 2026
10 hours ago
A photo taken during the Maroon Bells bicycle ride during Fortune Brainstorm Tech 2019 in Aspen, Colorado. (Photo: Fortune)
InnovationBrainstorm Tech
Fortune Brainstorm Tech 2026 will be brilliant
By Andrew NuscaMay 22, 2026
10 hours ago
satya nadella
AITech
Microsoft reports are exposing AI’s real cost problem: Using the tech is more expensive than paying human employees
By Jake AngeloMay 22, 2026
12 hours ago
Sam Altman standing in a lift.
AIOpenAI
The big questions looming over OpenAI’s trillion-dollar IPO
By Beatrice NolanMay 22, 2026
12 hours ago

Most Popular

Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year
Success
Jeff Bezos wants the bottom half of earners to pay zero income tax—he says nurses making just $75K should save $12K a year
By Preston ForeMay 21, 2026
2 days ago
Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'
Success
Despite a $500 million net worth, Shaq just finished his fourth degree. He warns graduates: 'Your character will take you further than your resume'
By Preston ForeMay 20, 2026
3 days ago
Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 
Workplace Culture
Bolt CEO says he let go of his entire HR team for creating problems that didn’t exist: ‘Those problems disappeared when I let them go’ 
By Preston ForeMay 19, 2026
3 days ago
Pay transparency is exposing a bigger problem: Most companies can't explain why they pay what they pay
Workplace Culture
Pay transparency is exposing a bigger problem: Most companies can't explain why they pay what they pay
By Sydney LakeMay 20, 2026
2 days ago
Indeed chief economist says we’re entering an era of ‘great mismatch’ thanks to a generational imbalance of workers
Success
Indeed chief economist says we’re entering an era of ‘great mismatch’ thanks to a generational imbalance of workers
By Emma BurleighMay 22, 2026
13 hours ago
Microsoft reports are exposing AI's real cost problem: Using the tech is more expensive than paying human employees
AI
Microsoft reports are exposing AI's real cost problem: Using the tech is more expensive than paying human employees
By Jake AngeloMay 22, 2026
12 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.