A. J. M. OlIVEIRA, Raimundo Corrêa de Oliveira, Vanessa Coelho da Silva, Ricardo da Silva Barboza
The increasing digitization of creative assets poses significant challenges to the protection of intellectual property. In this context, blockchain and Non-Fungible Token (NFT) technologies emerge as promising solutions to ensure the authenticity, traceability, and monetization of digital assets. This study aims to explore the landscape of technological innovation at this intersection through a systematic search in patent databases. The methodology consisted of a search on the Orbit Intelligence database, followed by a rigorous dual validation process that combined manual screening and analysis by Artificial Intelligence (DeepSeek), resulting in a final portfolio of 119 patent families. The results reveal a sharp increase in the number of filings from 2018 onwards, with a peak in 2022, and a strong geographical concentration in China. The analysis of technological domains indicates that innovations are focused on "IT methods for management" and "Digital communication," highlighting the use of the technology as a governance infrastructure. The qualitative analysis of selected patents demonstrates the sophistication of the solutions, which address issues ranging from registration efficiency to rights management for AI-generated content. It is concluded that the field is rapidly maturing, moving beyond proof-of-concept to develop specialized solutions that address complex challenges in the intellectual property ecosystem, thereby redefining protection paradigms in the digital economy.
How may digital platforms be redesigned to better serve the interests of the artists whose creative work gives them value? An artist- and user-owned streaming platform is proposed that would decentralize control and redistribute revenue from corporations to creators. Using Web3 infrastructure, the model enables direct artist payment through blockchain-based transactions that scale based on user consumption, minimizing fees and ensuring transparency. The design also emphasizes community governance and localized music discovery to encourage the regrowth of music culture. By reducing reliance on profit-driven intermediaries, the system aims to create a sustainable environment where independent artists can thrive. Spotify exemplifies how a platform’s designed-in incentives can perpetuate exploitation. The social construction of technology framework suggests that Spotify’s ownership model, pro- rata payment system, and algorithmic design prioritize shareholder value over fairness. Spotify’s supposed mission to “unlock the potential of human creativity” is undermined by its own architecture, which locks artists into dependency. Together, these projects show that achieving fairness in a digital music economy requires not only reforming compensation models but rethinking the infrastructures that define creative labor itself.
Non-Fungible Tokens (NFTs) have transformed digital ownership, offering unique representations of assets such as art, collectibles, and virtual property. However, pricing NFTs remains a complex and underexplored issue. This study addresses two core questions: what determines NFT prices? And how are prices set in NFT markets? We conduct a comprehensive literature review and market analysis to identify both endogenous and exogenous price determinants. Trait rarity emerges as the most influential intrinsic factor, while cryptocurrency value stands out as a major external influence, albeit with ambiguous effects. Other factors include visual aesthetics, scarcity, utility in games, social media engagement, and broader market sentiment. As to pricing mechanisms, aside from fixed pricing (which is accepted in all marketplaces), NFT marketplaces primarily utilise auctions for art pieces and collectibles— especially English and Dutch formats—which are effective at capturing the buyer’s willingness-to-pay.
The integration of smart contracts within blockchain technology represents atransformative approach to intellectual property rights (IPR) management, fundamentally altering traditional copyright enforcement mechanisms. This article demonstrates how distributed computer networks combined with automated regulatory devices provide superior alternatives to conventional IPR handling methods. Smart contracts reduce the need for arbitration through automated execution of predetermined terms and coding protocols. The implementation of blockchain-based smart contract systems enhances proprietary rights management, which can be particularly relevant for the BRICS nations currently facing evolving digital governance challenges. Research indicates that automated proprietary system networks are progressively superseding traditional IPR management approaches. The development of automated governance systems, coupled with decentralized IPR frameworks, presents both opportunities and regulatory challenges for the BRICS countries. Embedded payment mechanisms within smart contracts ensure automatic royalty distribution when copyrighted content is accessed, eliminating manual processing burdens and associated costs for creators. The implementation of smart contracts also enhances agreement integrity and reduces plagiarism risks through the use of immutable blockchain records. This study examines how organizations can establish enhanced trustworthiness and optimize digital business processes through blockchain-based copyright management. Advanced analytical tools accelerate the understanding of both the benefits and limitations within current copyright frameworks. Users are able to seamlessly access blockchain systems, creating multiple account types as required. Every blockchain entry provides transparent records of content usage and account activities. The digital system prevents misrepresentation by maintaining visible platform activities that are accessible to all stakeholders, ensuring comprehensive transparency of development and execution history for all agreement participants.
A presente dissertação propõe o desenvolvimento de uma plataforma designada SoundSlice, que visa automatizar a gestão de direitos de autor em conteúdos musicais reutilizados e na criação de mixes, através da integração de tecnologias blockchain e contratos inteligentes. O sistema permite o registo de obras originais, reutilizações parciais, a combinação de múltiplas faixas em novas composições (mixes) e a atribuição automática de compensações aos titulares de direitos, assegurando transparência e rastreabilidade em todo o processo. A solução combina uma infraestrutura centralizada, suportada por uma base de dados MongoDB e armazenamento de ficheiros GridFS, com uma camada descentralizada baseada em Ethereum, responsável pela execução dos contratos inteligentes que formalizam a partilha de royalties. A nível prático, foi implementado um frontend web que permite o upload, análise, reutilização e criação de mixes musicais, bem como um backend Node.js que gere a lógica de negócio e a comunicação com a blockchain. O desenvolvimento da plataforma baseou-se nos conceitos teóricos e modelos de integração propostos pelos padrões Smart Contracts for Media (SC4M) e Interactive Music Application Format (IMAF), os quais orientaram a estruturação de metadados, a modelação de contratos e o desenho da arquitetura da plataforma. Por fim, foram conduzidos testes funcionais, de desempenho e de usabilidade que demonstraram o correto funcionamento da plataforma, a eficiência na execução de transações e a aceitação positiva por parte dos utilizadores, validando a viabilidade e o contributo da abordagem proposta.
Mansi Gawade, Mayuri Hande, Vishakha Kshirsagar, Prof. S. Y. Mandlik
In This paper examines how blockchain technology and Non-Fungible Tokens (NFTs) can benefit the business landscape. NFTs are unique digital assets that represent real-world items and can be traded online using crypto currencies. Unlike fungible tokens, each NFT has a distinct digital signature, making them non- interchangeable. This system empowers artists and content creators to receive payment for their work without the need for traditional galleries. Moreover, NFTs can include a royalty feature, allowing creators to earn a percentage each time their NFT is sold again. Although still a relatively new concept, blockchain has the potential to transform the art and content creation industries by enabling the minting and trading of NFTs. The paper proposes that NFT marketplaces could serve as a central hub for various applications of NFTs.
This study examines the economic, legal, and institutional structures of non-fungible tokens (NFTs) as emerging mechanisms of digital value creation in the global art and media sector. Correspondingly, the aim was to analyze the functional logic of these blockchain-based forms of exploitation and to determine their role in the ongoing knowledge economization of cultural production. Utilizing a qualitative-exploratory multiple-case design, this study meticulously analyzed exemplary use cases from the art, music, and creative industries. Notable examples include ArtTrade.io, Royal.io, and the Kool Savas NFT drop, all of which were scrutinized through systematic document analysis and a PRISMA-based literature evaluation. However, to enhance analytical rigor and support theoretical triangulation, an additional institutional comparison set has been introduced. This set includes significant large-scale distributed ledger technology initiatives such as BLOCKBASTER (collaboration between Deutsche Börse and Deutsche Bundesbank), BIS Helvetia Phase II, Collateral Management Benefit from DLT, and Delivery versus Payment (DvP) utilizing Central Bank Digital Currency (CBDC). The projects in question effectively contextualize NFT-based market structures within the wider landscape of digital financial infrastructures, underscoring the convergence of cultural, technological, and regulatory frameworks surrounding tokenization. As the results indicate, NFTs currently function primarily as tokenized representations that do not transfer copyright or property rights. They point out a structural paradox: blockchain promises to decentralize technology, but governance, pricing, and monetization are still centralized. From an economic perspective, hybrid revenue models consisting of primary sales and secondary royalty mechanisms dominate, utilizing attention, exclusivity, and scarcity as core resources. However, NFTs thus appear as socio-technical infrastructures that redefine the interface between technology, market, and culture. As a contribution to the study of the global dynamics of digital creative economies, it highlights that NFTs represent less of a disruption of existing structures and more of an algorithmic reorganization of them. They thus mark the transition to a tokenized knowledge economy in which creativity, data, and code become convergent factors of production in a new economic era.
Muhammad Ilman Abidin, Ahmad M. Ramli, Laina Rafianti
Non-Fungible Tokens (NFTs) have emerged as a transformative component of Indonesia’s digital economy, enabling new forms of value creation in art, culture and finance. However, the current regulatory framework remains fragmented, with overlapping responsibilities across financial, intellectual property, trade and digital communications authorities. This research adopts a combined normative juridical analysis (de lege lata) and institutional impact assessment (de lege ferenda), supported by comparative study of global regulatory approaches. The findings demonstrate that existing Indonesian regulations do not sufficiently address the unique characteristics of NFTs, particularly their hybrid nature as digital property, investment assets and instruments of electronic commerce. Additional challenges arise from cross-border transactions, decentralized autonomous organizations (DAOs) and the absence of clear enforcement mechanisms. To overcome these gaps, the study proposes a phased regulatory roadmap: in the short term, a joint decree among relevant ministries and agencies; in the medium term, a dedicated coordination desk under a coordinating ministry; and in the long term, the establishment of a specialized NFT authority. This staged approach balances flexibility with institutional strength, providing legal certainty, investor and creator protection, and alignment with international best practices. Ultimately, Indonesia can leverage NFT governance not only as a domestic legal innovation but also as a strategic opportunity to position itself as a regional hub for digital asset regulation in Southeast Asia.
In the digital era, managing royalties for creative works remains a major challenge. Existing systems are often outdated and lack the transparency and efficiency required to meet the growing demands of digital content distribution. This paper presents BlockRoyalty, an application based on blockchain and smart contract technologies, designed to modernize royalty management for digital books. The system automates the registration of authors, publishers and buyers. It manages book publication, applies dynamic pricing based on sales trends and ensures real-time royalty distribution. All transactions are securely and recorded in a verifiable manner on the blockchain, fostering trust among stakeholders.
O.O.O. Law firm, Upper Marlboro, USA, Oluwafunmibi Grace Ajakaye, Adeyinka Lawal, Independent Researcher, Texas, USA;
The emergence of blockchain technology and non-fungible tokens (NFTs) has fundamentally transformed the digital landscape, creating unprecedented challenges for intellectual property protection and copyright enforcement across transatlantic jurisdictions. This comprehensive study examines the evolving regulatory frameworks governing digital assets, blockchain-based intellectual property rights, and copyright infringement in the context of NFTs within both European Union and United States legal systems. The research investigates how traditional intellectual property laws are being adapted to address the unique characteristics of blockchain technology, including immutability, decentralization, and cross-border transactions that often transcend conventional jurisdictional boundaries. The study employs a comparative legal analysis methodology, examining recent legislative developments, judicial precedents, and regulatory guidance from key transatlantic jurisdictions including the United States, United Kingdom, Germany, France, and the European Union as a collective entity. Through systematic analysis of case law, regulatory frameworks, and emerging legal doctrines, this research identifies critical gaps in current legal protections and proposes innovative solutions for harmonizing intellectual property enforcement in the digital age. The analysis reveals significant disparities between European and American approaches to blockchain governance, with European jurisdictions typically favoring more prescriptive regulatory frameworks while American systems rely heavily on existing intellectual property doctrines adapted for digital contexts.
Introduction: Digital content, including images and videos, is increasingly ruling the online world, and so multimedia services form a part of this modern life. However, the digital resources face significant problems, especially regarding copyright infringement. In such an instance, any modification without authority infringes intellectual property rights. Methods: Based on Inter Planetary File System (IPFS) and blockchain technology, a decentralized and distributed framework has been proposed in this study for dealing with insecurity over digital assets and openness of multimedia resources. In this respect, secure, transparent, and immutable transactions in regard to the transfer and ownership of creative works have been facilitated by the use of such a framework. Results: This paper proposes novel decentralized and Blockchain enabled framework to address the problem of video copyright protection by employing solidity based smart contract in a Ethereum network, that allows the content creators to register their videos. The designed smart contract performs copyright checks and release copyright disputes by generating and comparing perceptual hash's (Phash) for original video and modified video. Discussion: Phash techniques play a crucial role in multimedia content analysis, particularly in verifying the integrity and similarity of the video data under various transformations. Additionally, the framework generates Inter Planetary File System (IPFS) main values that signifies the ownership of the video content. Then it compars the phash values, IPFS and similarly score in public Blockchain environment i.e. Ethereum. The framework performance was measured by simulating the contracts of the Application Binary Interface (ABI), JSON file in the Hyperledger Caliper environment. This result shows the performance in the form of video registration, the measured latency was 5.02 seconds with a throughput of 409.87 seconds. For video verification the latency was 4.57 seconds with a throughput of 484.23 seconds.
Non-Fungible Tokens (NFTs) offer a promising mechanism to protect Australian and Indigenous artists' copyright. They represent and transfer the value of artwork in digital form. Before adopting NFTs to protect Australian artwork, we in this paper investigate them empericially. We focus on examining the details of NFT structure. We start from the underlying structure of NFTs to show how they represent copyright for both artists and production owners, as well as how they aim to safeguard or secure the value of digital artworks. We then involve data collection from various types of sources with different storage methods, including on-chain, centralized, and decentralized systems. Based on both metadata and artwork content, we present our analysis and discussion on the following key issues: copyright, security and artist identification. The final results of the evaluation, unfortnately, show that the NFT is NOT ready to protect Australian and Indigenous artists' copyright.
As in many areas of talent and creativity, the field of musical talent and creativity has also entered into new debates with recent technological developments. In this study, I aimed to examine the transformative effects of blockchain technology and NFTs (Non-Fungible Tokens) on copyright management and the creation of “value” in musical creativity (within the music industry). This research comprehensively analyzes the structural inadequacies of traditional copyright systems and the transformative potential of blockchain-based solutions. The research model is based on a methodological synthesis of case studies and theoretical paradigms. The findings demonstrate that blockchain’s decentralized architecture and the unique nature of NFTs provide artists with greater autonomy over their intellectual property; smart contracts automate royalty payments, democratize financial flows, and restructure the creator-audience relationship by eliminating intermediaries. Case studies such as the electronic musician RAC and the decentralized platform Audius concretely show how this technological integration reshapes artistic production and distribution mechanisms. However, the existing legal frameworks lag behind technological innovation. There are significant challenges to be addressed, such as inconsistencies between national and international copyright laws and uncertainties regarding the legal status of NFTs. Blockchain and NFTs have the potential to transform the ontological structure of the music industry by offering creative control, transparent copyright management, direct fan engagement, and alternative income streams for artists. These technologies also carry the potential to evolve the music sector toward a more transparent, fair, and artist-centered model. Therefore, all stakeholders in the industry may need to adopt this technological transformation strategically. Nevertheless, the ecological impacts of blockchain-based copyright systems, including energy consumption and digital carbon footprint, must also be discussed from a critical sustainability perspective. In evaluating the value of musical talent and creativity, it is now essential for disciplines such as musicology, technology studies, economics, and law to work together and adopt a holistic approach to the evolving dynamics of the digital art economy. In this context, blockchain applications in the music industry are interpreted through the cultural, socioeconomic, and epistemological dimensions of the global digital economy — not merely through the lens of technological determinism but also from the perspectives of artistic autonomy and social justice..
Non Fungible Tokens have changed digital ownership and how creators earn money. Between 2021 and 2024, the market value exceeded 40 billion. However, the fast growth of the NFT ecosystem has revealed serious issues in managing intellectual property rights. There is a lot of confusion about the difference between owning an NFT and owning the copyright for the underlying content. This research looks at the gap between traditional copyright laws and blockchain-based transactions. We use a mixed methods approach to analyze this disconnect. We create a new IP rights matrix that clearly shows how copyright law relates to NFT ownership structures. Additionally, we include a business model taxonomy that sorts new commercial applications by their IP risk and sustainability factors. By examining important legal cases, smart contracts, and interviews with stakeholders, we find key problems in enforcing laws across different regions, standardizing licenses, and assessing business opportunities.
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.
The objective of this paper is to analyze non-fungible token (NFT) games under Copyright Law No. 28 of 2014 and explore measures to prevent third-party copyright infringements. The research follows a normative legal methodology, utilizing both a conceptual and statutory approach. Legal materials are gathered through document studies. The analysis conducted is qualitative in nature. This study concludes that NFT games are protected by copyright as they qualify as intellectual property under Indonesian law. Copyright protection is granted automatically upon the creation of the game, meaning no formal registration is required for copyright to take effect. However, to ensure stronger legal certainty, business entities and copyright holders are encouraged to register their NFT games. This registration provides an official record and reinforces the protection of their intellectual property rights. In addition, the paper discusses preventive measures that copyright holders can take to safeguard their rights. For instance, they can monitor for unauthorized use of their NFT games in commercial activities. If individuals or organizations exploit the copyrighted material without permission, the copyright holders can report the infringement to the relevant ministry. This approach ensures that copyright holders can enforce their rights and protect their creations from misuse. In summary, the study emphasizes the importance of copyright registration and vigilance in preventing infringement, while highlighting the automatic protection NFT games enjoy under Indonesian law.
Introduzione: I processi di digitalizzazione nelle attività creative permettono di ottenere nuovi contenuti attraverso l'uso di dati e algoritmi di machine learning, creando relazioni inedite. In questo contesto, il diritto d’autore deve proteggere gli autori senza ostacolare l'uso dei dati virtuali, necessari per risultati originali. Metodologia: La ricerca esplora l'impatto dei non-fungible token (NFT), tecnologia emergente che ha rivoluzionato il settore artistico, sollevando problematiche legate al diritto d’autore e alla speculazione. Risultati: L'uso di tecnologie digitali ha aumentato l'indipendenza degli autori dai tradizionali intermediari, con i social network come vetrine virtuali. Nonostante le incertezze giuridiche, le prospettive sono positive grazie a strumenti come smart contract e blockchain. Conclusioni: Nonostante le problematiche legate agli NFT e alle incertezze normative, l'innovazione tecnologica, come l'automazione tramite blockchain, offre opportunità per un futuro promettente per la protezione dei diritti d’autore.
Modern financial technologies (Financial Technologies, FinTech) have improved traditional finance, while concurrently building a fundamentally new financial alternative. The application of FinTech has created digital financial products that are legally regulated but many crypto products still remain outside the law. The cryptocurrency market is a digital decentralized system that operates according to its own rules that users voluntarily accept, using personalized digital transactions. The application of FinTech in banking is a legal activity of banks aimed at strengthening competitive advantages in providing financial services, whereas central banks may require from commercial banks to upgrade or improve part of their digital technologies. In contrast, Blockchain technology has created a digital financial alternative which allows individuals to directly manage their digital wallets via phones and computers, without centralized control and outside of banking systems, by using the Internet and sharing original digital records among networked users worldwide. In the initial period, Blockchain technology generated resistance and was ignored by state regulatory bodies. The process of legal regulation of digital products and markets which were created on the basis of Blockchain and other digital technologies began after several years of actual Blockchain technology application. The subject matter of analysis in this paper is the legal regulation of already developed and widely used digital markets and assets, with specific reference to the legal solutions in the USA, the EU, and Serbia. The challenges of legal regulation of digital assets are numerous, ranging from insufficient knowledge of digital technologies to the unfeasibility of norming the decentralized digital segments. Thus, it is essential for the creators of law and the persons who apply the law to have the basic knowledge of modern digital technologies.
The commercialisation of digital content has prospered in the past few years, with the concept of non-fungible tokens (NFTs) coming up and capturing the attention of everyone. However, the interplay between physical and digital goods introduces complexities and challenges in determining the scope of trademark protection. The emergence of the concept of the virtual environment, or ‘metaverse’, which is thought to be a medium for trademark infringement, further complicates this situation. Against this background, this article concentrates on whether the trademark framework applicable in the real world can be transposed to the NFTs and virtual goods in virtual spaces (VGIVS). <br><br>The thesis analyses this issue by first discussing the establishment of NFT-related trademark rights, i.e., the registration and use of trademarks. The article identifies the risk of an unduly broad monopoly and suggests issuing further guidelines to fill the gap. It also points out the current ambiguity and best practice on the demonstration of trademark use. <br><br>It also focuses on trademark infringement in virtual environments. Through the analysis of the landmark case of Hermès Int’l v Rothschild (the MetaBirkins case), this thesis captures the hybrid nature of VGIVS, which can usually be both expressive and commercial. The expressiveness in the VGIVS is protectable and the Rogers test can be applied to different types of VGIVS. To better reflect the characteristics of the virtual space and VGIVS, it proposes a refined ‘reasonable expressiveness’ threshold test specifically in the context of virtual environments, considering the content of use, the context of use and the type of product to determine if a work in the virtual environment is protectable under the Rogers test. Additionally, it clarifies the Jack Daniel’s impact on the free creation in the virtual space and reconsiders the likelihood of confusion in light of virtual spaces.
The rapid growth of digital media distribution has brought challenges related to copyright protection, fair monetization, and content ownership rights. Traditional media distribution systems rely on centralized platforms, which often result in revenue disparities, piracy issues, and lack of transparency in royalty payments. Blockchain technology offers a decentralized alternative that enhances security, transparency, and fairness in media distribution by enabling immutable digital ledgers, smart contracts, and tokenized assets. This paper explores the role of blockchain in decentralized media distribution, focusing on its ability to provide copyright protection through cryptographic hashing and time stamping, ensuring content authenticity and ownership verification. Additionally, the study examines how blockchain-based monetization models, including micropayments and tokenization, empower content creators by enabling direct peer-to-peer transactions without intermediaries. Smart contracts further automate royalty distributions, reducing disputes and ensuring fair compensation for creators. The research also discusses challenges such as scalability limitations, regulatory uncertainties, and adoption barriers in implementing blockchain-based media distribution. A comparative analysis between centralized and decentralized media ecosystems highlights the potential benefits of blockchain in fostering a more equitable and transparent digital content economy. The paper concludes by addressing emerging trends in blockchain-integrated media solutions, including non-fungible tokens (NFTs) and decentralized autonomous organizations (DAOs), and their impact on the future of content ownership and distribution.