The treachery of images: non-fungible tokens and copyright

Abstract

Dr Andres Guadamuz is Reader in Intellectual Property Law, University of Sussex. This article This article tackles various questions regarding non-fungible tokens (NFTs) and copyright, including whether an author can use an NFT to transfer copyright, several applications of tokens as digital rights management, and the issue of potential copyright infringement in NFTs. These questions are analysed from a UK perspective, specifically looking at cases from England and Wales and Scotland, while also covering a few relevant Court of Justice of the European Union decisions. This is a relatively recent technology, which will require a lengthier technical explanation to analyse the legal issues that are raised. In some instances, the public perception will be dealt with as well, as it has become evident that there is considerable misunderstanding not only about what an NFT really is but also about the ownership and copyright issues that surround the technology. The article analyses the use of NFTs for digital rights purposes, particularly the transfer of rights, and while assignment by electronic is it is not whether an NFT can transfer to copyright it is the of article that the of a not copyright, there be a to the In a by considerable to a potential copyright in is for use of but is also as an in in is and it for considerable of a for in it of the in is an that the with and that be a non-fungible of the NFTs are the in the and technology. This not it not for the that the that the NFT transfer not only the ownership of the digital but the be the to the This the of and several legal questions as to whether be copyright is in the of a of an but also there the that to and in a to the of the The the that of and that only the of the but not of the The from The is the in a of that are legal questions regarding the copyright and NFTs. an a of a by it and it an of a as as an NFT for with the the is an use it to transfer copyright ownership a it a an NFT of a it This article will questions from a UK perspective, specifically looking at cases from England and and Scotland, while also covering a few relevant of the Court of Justice of the European Union This is a relatively recent technology, which will require a lengthier technical explanation to analyse the legal issues In some instances, the public perception will be dealt with as well, as it has become evident that there is considerable misunderstanding not only about what an NFT really is but also about the ownership and copyright issues that surround the technology. 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that with the of tokens a of as The the for are by it not what are to be as and non-fungible are that are a a a use a as are that be relevant to copyright, as a for ownership transfer This for the will be tokens with digital is of an that can be in some digital as a a a The use of the NFT in the is a of of which in of NFT in and it tokens a In the of an including and digital it will be there are various of but the is a that that has with a digital of the that is is to the in as it is of the of the NFT This will be for the legal in the will an NFT as of a a are in which can that the technical and the of an NFT be to an of the in to use to digital can be an NFT in can use the to a that that can be to the This is that are and can at the and that is a with a and a of and the is and with the The NFT is a of that is the that various of The that be and some that are The to the NFT is a as the which is the of the the is the is a that can be in the a The of in the it there can only be in the with the of and the NFT is are that can be in the is the of the which the with in NFTs is the of a to the can be is the NFT is not the NFTs of the to in the of a of In a as an NFT that a a digital to a that is the in the of a the and is a digital that only to the In is what the NFT it is to be In can as of the as can the and the and the some considerable technical a NFTs are a are of NFT that the of an a that can to an to the in some instances, also to for the This is the to that will the The and and it is are to the an which a The is to the to the and an are to to in some what a as are for the NFT has several in it can be to can as but it can also be to and NFTs. is a that in the and is the is a by and can also be to is a be it a the and are to the The NFT can be it has in the and the the NFT NFT it can be the NFT is not the it is the that the of and is to that the NFT can as the of the the of the the copyright of the and as as The and the are the as are specifically to the and the to 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