No. 106: Unchain My Art – Copyright Implications of Tokenized Artworks Under US and EU Law

Abstract

Non-fungible tokens (NFTs) have received a lot of attention owing to some spectacular digital art sales. This seems that NFTs provide artists with new opportunities to market their works, especially in the case of digital art. Although it remains to be seen whether the hype is short-lived or the art market will change permanently and NFTs will establish themselves as a serious form of marketing for artworks, tokenized artworks give rise to numerous copyright issues, which have been examined under the law of the United States (US) and the European Union (EU) in this paper. The author argues, that even if the creation and transfer of NFTs rarely affect the rights to the copyright-protected content they represent, the introduction of a specific “NFT right” by the legislator is neither advisable nor necessary.

Details

Author(s):
  • Sebastian Pech
Publish Date:
September 20, 2023
Publication Title:
TTLF Working Papers
Publisher:
Stanford Law School
Format:
Working Paper
Citation(s):
  • Sebastian Pech, Unchain My Art – Copyright Implications of Tokenized Artworks Under US and EU Law, TTLF Working Papers No. 106, Stanford-Vienna Transatlantic Technology Law Forum (2023).
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