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April 25, 2025· LA Referencia (Red Federada de Repositorios Institucionales de Publicaciones Científicas)
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NFTs and Copyright: Navigating the Digital Frontier of Intellectual Property

Authors:Olga Alejandra Alcántara Francia *

Abstract

This article examines the intersection between non-fungible tokens (NFTs) and copyright within the realm of digital intellectual property. NFTs represent a disruptive technology that challenges traditional notions of ownership and authenticity, raising new legal and ethical questions. The study analyzes how this technology impacts the creation, distribution, and commercialization of digital works, and evaluates the challenges current copyright laws face when applied to this new environment, including issues such as ownership, reproduction, and derivative works. It also explores the role of smart contracts associated with NFTs and their potential to automate the management of rights and royalties. The article highlights risks such as plagiarism and forgery in the digital space and proposes both legal and technological solutions. Through case studies and emerging trends, it suggests how legislation may evolve to adapt to the NFT era. Finally, it offers practical recommendations for creators, platforms, and policymakers to navigate this new digital frontier.

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