It looks like a Trump run-in with the federal government this week, but maybe not the family member you’d expect. Former First Lady Melania Trump may have sparked a conflict with NASA by apparently violating the federal agency’s image use policy in her latest NFT drop.
The collectible, titled “Man on the moon“— released Wednesday — prominently features the iconic 1969 photo of astronaut Buzz Aldrin taking part in the NASA-orchestrated Apollo 11 moon landing. However, under agency policy, the use of NASA images in connection with an NFT project is strictly prohibited. Gizmodo first reported on the apparent violation.
“NASA does not want its images to be used in connection with NFTs,” the organization’s Regulations on Merchandising Requests and Media Usage Guidelines explicitly state, further noting that the agency “does not approve of any merchandising application” associated with NFTs.
The United States put a man on the moon on this day in 1969. I commend America’s ingenuity and continued commitment to excellence. #USAmemorabilia pic.twitter.com/Kr7hJUC63w
— MELANIA TRUMP (@MELANIATRUMP) July 20, 2023
Companies or individuals wishing to use NASA images, decals, or identifiers on merchandise must have that use approved by the agency; NASA states that “strict laws and regulations” govern this approval process.
In this case, Trump and the US Memorabilia NFT platform she used may not have submitted a request to NASA, or the request may have been denied, as NASA strictly prohibits NFT-related uses of its intellectual property.
Decrypt contacted USA Memorabilia for comment on this story, but did not receive an immediate response.
Perhaps further complicating matters is the fact that images created by federal agencies like NASA are in the public domain and are therefore free to use. If NASA were to take legal action against Trump, it’s unclear how far such a lawsuit could go.
Judging by history, such an aggressive move by the federal agency is unlikely. That’s what a NASA lawyer told earlier The Los Angeles Times that while the organization can send cease and desist letters to merchants who violate its policies, NASA leaders prefer more amicable routes to compliance, including casual conversations with merchants.
However, what makes things even more specific in this case is the fact that NFTs seem to be the only type of merchandise that is prohibited from using NASA images under any circumstances.
NASA did not immediately respond Decrypt‘s request for comment on this story.
Trump has been quite active in the NFT space. She debuted last month a row of NFTs commemorating moments in American history, following the initial launch of Solana NFT projects in late 2021.
Meanwhile, former President Donald Trump’s own NFT collection sharp in price in March after being indicted on criminal charges by a New York grand jury. He then brushed off those gains by releasing a second party of digital trading cards in April, greatly diluting the value of the original project.