When former First Lady Melania Trump unveiled her latest NFT this week, she was also in potentially dangerous waters with NASA for the unauthorized use of her images in violation of the federal agency’s strict image use policy, according to an initial report from Gizmodo.
Her new NFT, titled “Man on the Moon,” came out Wednesday and features NASA astronaut Buzz Aldrin in the iconic 1969 photo during the historic Apollo 11 moon landing on July 20. The limited edition NFT costs $75 and includes an embedded audio file that is unlocked with purchase.
However, under NASA’s image policy, use of the agency’s images in connection with NFT projects is expressly prohibited.
“NASA does not want its images used in connection with NFTs,” reads, in part, the agency’s policy. The policy further notes that NASA does not currently approve or approve merchandising efforts related to NFTs.
Those wishing to use NASA’s intellectual property, including images, decals, or other brand identifiers, must go through an extremely strict approval process governed by “strict laws and regulations.” While it’s not known whether Ms. Trump and the USA Memorabilia NFT platform, which she used for the release of “Man on the Moon,” even made an official request for an image, this policy violation raises some interesting legal questions.
Public domain?
In general, NASA’s images are not subject to copyright protection, as they are in the public domain for educational (academic) or informational purposes only.
While NASA has made it very clear in its Regulations for Merchandising Requests and Media Usage Guidelines that its intellectual properties should stay away from NFTs, it begs the question of what NASA will actually do here to reinforce its position.
Since NASA’s images are in the public domain and thus do not warrant copyright protection, it is likely that the federal agency will take no legal action beyond sending strike letters and will instead look for alternative ways to address the violation that encourage free conversation and a pleasant resolution. For example, when Anicorn Watches released its first NASA-branded NFT in April 2021, NASA didn’t address the digital artwork (as far as we know).
On the other hand, this “breach” by Ms. Trump could prompt NASA to deviate from its previous approach and instead set a precedent by enforcing its policies and protecting its IP from unauthorized use, particularly with regard to NFTs. But can the agency enforce its exclusion of NFT projects in its image use policy? Or will it control the public domain?
At the time of publishing this article, NASA has not yet commented on “Man on the Moon” or its intentions to enforce its NFT policy.
“The 1776 Collection”
This isn’t the first time Ms. Trump has interacted with the NFT space, as last month she introduced her Solana-based NFT collection titled “The 1776 Collection,” which pays homage to pivotal moments in American history. It features seven photographs of landmarks, including the Statue of Liberty and Mount Rushmore.
This follows her NFT collection of Christmas ornaments, her POTUS NFT collection, and an auction for an NFT of a painting of her eyes called “Melania’s Vision” combined with an audio message. She even launched her own NFT platform in December 2021.
Editor’s Note: This article was written by an nft now contributor in collaboration with OpenAI’s GPT-4.
