It’s easy to state that one’s work is copyrightable, it is quite another to prove it – pixel artwork, in particular, is notoriously difficult to register for copyright. Below the reader will find that the PUNK Armada collection is copyrightable, with proof via the registration of PUNK #33322.

On The Copyrightability Of The PUNK Armada

The US Copyright Office typically asks six questions in evaluating the copyrightability of a work.

Has The PUNK Armada Collection Been Fixed In A Tangible Medium Of Expression? Yes

Yes, the PUNK Armada collection has been fixed in a tangible medium of expression. PUNK Armada NFTs are completely coded on-chain and are thus copyrightable. There is no URL pointing to a digital image file, there is not a single link to IPFS, and all NFT metadata and media are fully stored on the Ethereum blockchain, including but not limited to names, traits, trait rarity, supply, and complete transaction history. One will find this to be a rare approach in the world of NFTs, primarily because of the cost of managing such a collection, but is certainly the best approach for adding value and longevity to the collection and its owners.

Was The PUNK Armada Collection Created By A Human Author? Yes

Yes, the PUNK Armada collection was created with human interaction. The PUNK Armada collection is an original work of authorship designed by the PUNK Armada community, includes custom NFTs designed by the community members that most participated in the collection design process, and was curated from the largest-ever on-chain pfp collection at 33,333 NFTs down to 2,000 NFTs by the PUNK Armada community. Worth noting is that all of the Legendary PUNK Armada pfps were hand designed by Punk 4762. Clearly, there is no lack of human involvement in the PUNK Armada collection!

Does The PUNK Armada Collection Constitute Copyrightable Subject Matter? Yes

Yes, the PUNK Armada collection constitutes copyrightable subject matter. First, all PUNK Armada NFT metadata exists inside the NFT. Second, the PUNK Armada collection was hand-designed and hand-selected by the PUNK Armada community through an intensive curation process. Next, the PUNK Armada collection boasts over 450 on-chain traits, with pixels the vast majority of which are loaded to convey information – including transparencies, color fades, and digital “watermarks”. Finally, the PUNK Armada collection is original and independently created.

Is The PUNK Armada Collection Sufficiently Original? Yes

Yes, the PUNK Armada collection is sufficiently original. Under copyright law, a work is considered original if it was created from independent thinking void of duplication, by a human being, featuring a minimal degree of creativity. Because the PUNK Armada collection was independently created (5.), with human interaction (2.), and possesses at least some minimal degree of creativity (6.), the PUNK Armada collection is sufficiently original. The PUNK Armada collection features artwork that is unique and in a pixel style not seen anywhere else.

Was The PUNK Armada Collection Independently Created? Yes

Yes, the PUNK Armada collection was independently created and is void of duplication of both collections from which the PUNK Armada is derived, the CryptoPunks and the V1 CryptoPunks, and is void of duplication of the CryptoPunk from which the collection is derived, specifically – CryptoPunk 4762. The PUNK Armada collection, because of its over 450 traits and hand-curated NFTs, is easily distinguishable from other collections. Even in the case where traits of similar names exist, such as is the case with the “Mohawk” head trait, the PUNK Armada collection is quickly identifiable as unique – not only are the pixels of the PUNK Armada’s similarly named traits arranged differently, they exist in many more colors than do they exist in the derived collections. For example, in the PUNK Armada collection there are more than twelve mohawk trait colors.

Does The PUNK Armada Collection Possess At Least Some Minimal Degree Of Creativity? Yes

Yes, the PUNK Armada collection possesses at least some minimal degree of creativity. While in the case of the CryptoPunks collection only a tiny fraction of the pixels are loaded to convey information, the vast majority of PUNK Armada pixels are not “meaningless” and have been “sufficiently semiotically loaded to resemble something”. In fact, for the PUNK Armada collection, at over 450 completely on-chain traits, including pixel transparencies and fades, creativity is easy to establish. In response, specifically, to the “fraction of pixels loaded to convey information” for assessing degree of creativity, we should examine each individual PUNK Armada NFT!

On The Copyrightability Of PUNK Armada #33321

Featuring the “Matriz” background and “Candy Wrapper” skin as an example of background color fades with transparencies overlaid, the transparent skin layer of PUNK Armada #33321 slightly alters the colors and pixels underneath, creating some very interesting effects. Another win in the creativity category for the PUNK Armada collection is that the smoke of the cigarette of #33321 has been hidden as a sort of on-chain “watermark” in order to protect the artwork against copyright abuse and mis-attribution.

Image of PUNK Armada NFT 33321, copyright

For the copyright registration of PUNK Armada #33321, the US Copyright Office required additional details on all colors, transparencies, and fades used in the on-chain artwork. Each of the six layers of the PUNK Armada #33321 NFT uses multiple colors and, in some cases, multiple transparency levels.

Layer 1 – The Background Layer

The background layer is “Matriz”. The black to gray color palettes (color hex codes) used were #0d0d0d #101010 #111111 #121212 #131313 #141414 #151515 #161616 #171717 #181818 #191919 #1a1a1a #1b1b1b. The green color pallets (color hex codes) used were #5eba2b #3f7620 #2a4919 #1b2515 #171c14.

Layer 2 – The Skin Layer

The skin layer is “Candy Wrapper”. The skin color palettes (color hex codes) used were #110800 #ffffff and a 35% transparency was applied to this layer.

Layer 3 – The Head Trait Layer

The head trait layer is “Rainbow Hoodie”. The rainbow hoodie color palettes (color hex codes) used were #0e0016 #eb5b5b #eba85b #ebe45b #83eb5b #5beb92 #5bdfeb #5b96eb #725beb #b95beb #eb5bbf.

Layer 4 – The Eye Trait Layer

The eye trait layer is “Master Blaster 4”. The laser eye color palettes (color hex codes) used were #ffda28 #ffb328 #ffa028 #ff8928 #fg7628 #ff0000. In addition, #ff0000 was applied with 35% transparency, with 10% transparency, and also with 5% transparency.

Layer 5 – The Smoking Item Layer

The smoking item layer is “Ciggy”. The cigarette color palettes (color hex codes) used were #000000 #ff9e4c #ffffff #955040.

Layer 6 – The Smoke Type Layer

The smoke type layer is “Smokin”. The smoke color palette (color hex code) used is #a6a6a6 and a 30% transparency was applied to this layer.

PUNK Armada #33321 Copyright Registration Granted By US Copyright Office

Below the reader will find a screenshot of the copyright registration of PUNK Armada #33321, including the registration number and effective date of registration.

Registration number – VAu 1-527-383

Effective Date of registration – May 20, 2024

Screenshot of copyright registration – see below.