Wednesday, October 5, 2022

Popular US Actor May Get Sued For Using His Own Bored Ape In An Upcoming TV Series, Here’s Why

U.S. actor and comedian Seth Green was recently in the news when he became a victim of a phishing attack that saw him lose a Bored Ape NFT and some other high-value digital assets. 

Although it took him about 9 days to realize, Green only tweeted about the theft on May 17. He lost four non-fungible tokens (NFTs) in total from the attack, and the NFTs were identified as Bored Ape BAYC #8398, Mutant Ape (MAYC) #9964, and #19182, and Doodle #7546.

Bored Ape Ownership Rights Spark Debate

Interestingly, the hacker who stole the NFTs from Green may have now sold them to unsuspecting digital art collectors. According to the actor, someone that goes by the pseudonym DarkWing84 has already bought the Bored Ape NFT. And now there’s a debate over who owns the commercial rights to the NFT.

Meanwhile, before Green lost his NFTs, he had planned on using the BAYC in one of his upcoming TV series. And now, the actor says he may be ready to go to any length to claim ownership of the Bored Ape. But that is if the new owner refuses to give it up.

The TV show — White Horse Tavern, is presently being shot, and it features the Bored Ape in question. In fact, a trailer for the show has already debuted since last weekend, however, the launch date remains unknown.

How Seth Green May Get Sued 

In all honesty, BAYC’s license does not make provision for theft cases. However, the BAYC intellectual property (IP) rights simply state that:

 “When you purchase an NFT, you own the underlying Bored Ape, the Art, completely.”

Therefore, the above statement essentially confers the rights of ownership to anyone, even if they purchased an NFT from a thief. And if that should be the case, then Green may not be able to go ahead with the show. That is simply because he has lost the commercial usage rights of the Bored Ape NFT featured in the show.

However, if Green decides to move ahead as planned, there’s a possibility that he gets sued.

But of course, getting sued does not mean one would lose the case. The buyer may be legally protected, especially if he bought the stolen item unknowingly. Also, a court may rule in favor that Green retains property rights over that BAYC NFT.

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