Ali Al-Mahmood, Sajjad M Al-Hakeem, Mohammed Thakır Mahmood, Ahmed Hussein · 9 authors
Blockchain technology has emerged as a transformative tool for intellectual property (IP) protection, offering decentralized, transparent, and immutable solutions for rights management and security. This research explores how blockchain can address critical challenges in IP protection, including copyright infringement, ownership disputes, and unauthorized content distribution. The study examines the potential of non-fungible tokens (NFTs), smart contracts, and distributed ledger technology (DLT) in enhancing digital rights management and securing creative assets. A systematic review of existing literature and case studies is conducted to assess the effectiveness of blockchain-based IP protection mechanisms. Key findings indicate that blockchain enhances security through cryptographic authentication, provides verifiable ownership records, and enables automated enforcement of IP rights through smart contracts. However, challenges such as legal uncertainties, scalability limitations, and regulatory gaps must be addressed for widespread adoption. The study underscores the need for a standardized regulatory framework and interoperability between blockchain platforms and existing IP laws to ensure robust rights management. The implications of this research extend to creators, businesses, and policymakers seeking innovative solutions for safeguarding digital assets. By integrating blockchain with traditional IP protection systems, a more secure and transparent ecosystem can be established, reducing infringement risks and fostering trust in digital economies. This study contributes to the growing discourse on blockchain-driven IP management and its future potential.
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.
Abstract Non‐fungible tokens have caused a complete revolution in the digital space regarding how one thinks of unique assets such as pieces of art, music, and digital collectables, and how one trades them. Originating from blockchain technology, NFTs first came into existence in the year 2014 on a platform known as “Counterparty.” Since then, they have grown as an influential part of the digital economy. NFT is nonfungible, each token is unique and cannot be replaced‐which results in unprecedented possibilities and issues in the digital world. However, with the increasing demand for NFTs, several legal issues have emerged particularly in India, where the laws are still underdeveloped. As NFTs are representations of copyrighted works primary issues arising from NFTs are also related to Copyright. Ambiguities with NFTs are misapprehension over ownership, the challenge of managing and licensing NFTs using smart contracts, and the risk of unauthorized minting of copyrighted materials. This paper addresses these critical issues evaluates the current legal status of NFTs in India and explores their intersection with copyright laws. The focus is particularly on buyers' rights, including ownership complexities, the management of rights through licensing and assignments, and the issues around copyright infringement. The research highlights the urgent need for a legal framework for NFTs, delves into the intricacies of NFT ownership, transfers, and licensing, examines the challenges of unauthorized minting and the enforcement of buyers' rights and offers possible solutions.
Finding innovation in blockchain technology, the Online Art Gallery to changes the digital art marketplace to create a safe and transparent environment for artists and buyers. With this system, artists can sign up to upload, Manage and sell their artworks. Buyers can look for, purchase, and own with verified authenticity. Some of the most important features are the digital certificates generation, ownership verification as well as safe transactions. Blockchain-based, it offers greater security with watermarking, preventing screenshots, and decentralized storage through IPFS to prevent unauthorized use of the digital artworks. The process of buying artworks becomes relatively easy for the buyer, having an immutable transaction record on the blockchain that preserves ownership rights and establishes a basis of trust. The application also offers a user-friendly interface that connects artists to international crowds and simplifies the management and sale digital art to artists. The paper focuses on showing the enhancement of security, transparency, and efficiency in the marketplace by using blockchain technology for digital art, with value to both creators and collectors.
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.
CryptoArt is revolutionising how digital artists protect and monetise their works. However, the position of non-fungible tokens (NFTs) and CryptoArt within copyright law remains unclear. A lack of certainty in relation to rights, infringement and platform liability is creating inconsistency between NFT platforms and consumer confusion. Based on case study evidence from the empirical research of six NFT platforms, together with doctrinal and theoretical analysis, this thesis recommends how copyright law might, and should, be interpreted to provide legal certainty for the CryptoArt movement This thesis concludes how, within copyright law, NFTs could be classified as tangible CryptoAssets, thereby permitting the application of the exclusive distribution right to CryptoArt. This would provide legal certainty and clarity for the transfer of CryptoArt, the better protection and enforcement of copyright for digital artists, and clarify issues of liability for NFT platforms, so increasing consumer confidence and protection. Such a position is required to properly reflect the current practice of NFT platforms, legalise the minting and trading via secondary markets of CryptoArt, future-proof the law for further technological progress and bridge the gap that currently exists between the practice and the law. Such development is necessary to provide equality for digital artists with their non-digital counterparts, a high level of protection for rightsholders, and to further encourage business and technological development. Whilst this position has implications for NFTs generally as well as property law, the doctrine of digital exhaustion, the creative industries and beyond, this thesis argues that such a direction of travel is inevitable and fundamental to the development of blockchain technology and NFTs. Copyright is constantly evolving and NFTs are the latest technology to challenge its boundaries. This research concludes with how copyright can evolve without regulatory change, thereby providing CryptoArt with the foundation for it to flourish.
Shirin Sadat Foroughi Moghadam, R Soltani, Ahmad Mohammadi
The present research aims to propose a novel, practical, and scientifically grounded approach based on blockchain technology to support and protect ideas and intellectual assets in the domain of intellectual property rights—specifically, by defining non-fungible tokens (NFTs) to achieve this objective toward maximizing individual rights protection and attaining good governance; additionally, examining the relationship between states as agents for achieving good governance and emerging technologies as tools for this process constitutes the core research problem. The study is premised on the hypothesis that since new knowledge-based technologies are proliferating at an exponential pace in a knowledge-driven economy where commercial ideas play a pivotal role in the global market, establishing support frameworks for creators' rights—while anchored in advancing good governance—will foster societal economic growth, as protecting idea-holders and knowledge-owners constitutes a fundamental right essential to every proprietor; preserving privacy and human dignity is vital for maintaining societal relationships and the rule of law, forming the foundation of a dynamic society geared toward enhancing political, economic, and administrative authority. Idea-holders and intellectual property owners persistently seek to protect the fruits of their thought through available means; the exponential growth of science and the evolution of asset categories have transformed preservation methods for such assets, such that traditional approaches cannot sufficiently achieve this goal for enhanced rule of lawand transparency; thus, more efficient technology-based solutions must be pursued. Findings indicate that leveraging emerging technologies like blockchain and tools such as tokens can address idea-holders' challenges by preserving ideas while pioneering novel methods for proving proprietary rights, thereby further contributing to good governance.
Brands are increasingly integrating non-fungible tokens (NFTs) into their marketing tactics, aiming to bolster brand awareness and expand their influence in the metaverse. However, there is limited understanding of the factors that motivate consumers to purchase NFT products and the effective advertising strategies in this context. This paper addresses this gap by examining the influence of self-discrepancy on consumer reactions to NFT advertisements. Results from three experiments demonstrate that individuals with a pronounced self-discrepancy are more inclined to purchase NFTs than non-NFTs. The types of self-discrepancy and NFTs play a role: individuals with a gap between their actual and ideal selves favor virtual-only NFTs, whereas those with a discrepancy between their actual and ought selves favor hybrid NFTs, available in both real and virtual realms. This trend is especially evident for luxury brands. The core mechanism driving these findings is psychological ownership, which shapes consumer purchase intentions toward NFTs.
The tokenisation of the economy is challenging the law pertaining to intellectual property (IP) rights. This chapter specifically focuses on the patent and copyright laws of the jurisdictions compared. It will demonstrate how there are many challenges and benefits from the application of IP rights by means of tokens operating on a blockchain-distributed ledger. However, this is an area of technology the law is far from settled. For instance, tokens can be used to partially or fully establish an IP right. Thus, the tokenisation process can go some way to securing the IP assets themselves that are licenced. Similarly, blockchain technology and tokens are transforming copyright law. This chapter will make mention of China, but only for the purpose of comparing copyright law.
Non-Fungible Tokens (NFTs) are an important element of the Metaverse as they support functionalities at various Metaverse layers, including the creation, trade, and ownership of digital assets. This paper focuses on the details of NFT dynamics within the Metaverse and emphasizes the mechanisms that support value creation and distribution in this area. This chapter explains the role of NFTs in decentralized ownership tracking, as well as addressing the challenges related to copyright and intellectual property. We draw parallels between traditional and virtual economies and highlight key differences and similarities. Moreover, we investigate the influence of NFTs on wealth disparity and the distribution of digital assets, and we report their potential benefits and drawbacks.
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.
This thesis explores the legal and economic aspects of non-fungible tokens (NFTs) and their regulation within the EU. NFTs, as unique digital assets, have gained significant attention, particularly in the fields of art, collectibles, and digital economies. Despite their rapid growth, there remains considerable uncertainty regarding how NFTs should be regulated and how their value is determined. The purpose of this thesis is to examine the applicability of EU regulations, specifically MiCA, DAC8, and AMLD5, to NFTs, as well as how the NFT market functions economically and legally. The thesis employs a combined approach, integrating a legal analysis of EU legislation with an economic analysis of the NFT market. The legal part investigates how NFTs may fall under existing EU regulations, including the MiCA Regulation and the Fifth Anti-Money Laundering Directive (AMLD5), and the legal implications of such applicability. The economic analysis focuses on the factors driving price formation in the NFT market, including speculation, scarcity, and the reputation of creators, and how these factors differ from traditional economic assets. The thesis also highlights the risks associated with the NFT market, particularly regarding money laundering. Due to the anonymous and decentralized nature of NFT transactions, it is challenging to ensure sufficient control, which makes the market vulnerable to financial crime. This underscores the need for more precise and comprehensive regulation of NFTs. The conclusion of the thesis is that, although NFTs are not explicitly regulated under EU law, they can fall within existing regulatory frameworks depending on their usage. There is a clear need for more targeted regulation of the NFT market to both protect investors and prevent the market from being exploited for money laundering purposes. The thesis suggests that NFTs could play a central role in the future digital economy, but only if they are regulated in a way that ensures both stability and transparency. In conclusion, this thesis demonstrates that the regulation of NFTs is currently in a gray area and that there is a need for the EU to adapt its legislation to the rapid development occurring in the digital asset market.
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.
Bu çalışma, Non-Fungible Token'ların (NFT), 5846 sayılı Fikir ve Sanat Eserleri Kanunumuz (FSEK)1 kapsamındaki hükümler doğrultusunda nasıl değerlendirilebileceğini incelemektedir. NFT, blokzincir teknolojisine dayalı olarak oluşturulan, benzersiz ve değiştirilemez bir kripto varlık türü olarak, özellikle dijital sanat ve fikri mülkiyet alanlarında yeni hukuki tartışmaları gündeme getirmiştir. Çalışmada, NFT'lerin hukuki niteliği, eser sahipliği ile mali ve manevi haklar bakımından doğurduğu sonuçlar analiz edilmiştir. Minting işleminin hukuki boyutu, NFT kaynaklı telif hakkı ihlalleri ve bu bağlamda ulusal ve uluslararası düzeyde ortaya çıkan uyuşmazlıklar değerlendirilmiştir. Araştırmada doktrinsel yöntem benimsenmiş; literatür taraması, mevzuat incelemesi ve örnek dava analizleri yoluyla konu çok boyutlu ele alınmıştır. Birinci bölümde, eser kavramı, eser sahibinin hakları ve dijitalleşmenin bu haklara etkisi değerlendirilmiştir. İkinci bölümde, blokzincir teknolojisi, kripto varlık kavramı ile türleri, NFT'nin teknik yapısı ve hukuki niteliği irdelenmiş; eşya, kıymetli evrak veya gayrimaddi hak olarak sınıflandırılmasına yönelik farklı yaklaşımlar karşılaştırılmıştır. Üçüncü bölümde minting işlemi ve NFT'lerin 'eser' sayılıp sayılamayacağına dair doktriner tartışmalar ele alınmış; NFT satışlarında pay takip hakkının uygulanabilirliği incelenmiştir. Bölümün sonunda, son zamanlarda sıkça gündeme gelen ve alanında ilk örneklerden olan, uyuşmazlıklar değerlendirilmiştir. Çalışmanın sonunda, NFT'lerin FSEK kapsamında net bir şekilde tanımlanması gerektiği, eser niteliğinde NFT'ler için hak sahipliği ile ilgili belirsizliklerin giderilmesi gerektiği ve pay takip hakkının dijital ortama uyarlanması yönünde yasal düzenleme ihtiyacı olduğu sonucuna varılmıştır. Bu yönüyle çalışma, literatürdeki teorik tartışmaları somut dava örnekleriyle destekleyerek Türk hukukuna özgün katkılar sunmayı hedeflemektedir.
The concept of NFTs is tightly associated with the arrival of Web 3.0 in the digital world. Despite the increased aspirations for this new technological phenomenon with promises of protection, new paths of economic exploitation, and innovation, the reality seems more complex. Under the blockchain ecosystem, it is evident that NFTs present a unique structure that is far from what the EU legislator could imagine during the drafting of the EU copyright law regime. This raises the central issue of how NFTs should be legally treated under EU copyright law. Specifically, which actions related to NFTs fall within the scope of the economic rights granted to authors? What distinguishes a lawful minting process from an act of copyright infringement? These questions are tightly associated with the context of digital artworks. However, the main obstacle remains the absence of a clear law regime and case-law regarding Art NFTs. Consequently, this fluidity creates ambiguities between the owners and the buyers for the ownership regime. The purpose of this article is to clear the blurry legal atmosphere related to the application of the EU copyright law to Art NFTs. More specifically, “How Art NFTs interact with copyright? Is there a level of protection that is ensured? In the event of a copyright infringement, who should be held liable? To answer these questions, the research will begin by examining the technological “personality” of NFTs, focusing on the key elements that ensure their functionality as unique tokens. After that, a legal analysis will follow concerning the interaction with the EU copyright regime whether they are eligible for copyright protection, and what economic rights are entailed during the creation of an NFT. Finally, the possible ownership scenarios will be presented and the cases of infringement in the governance of these digital assets.