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Copyright and NFTs: new wine in old bottles?

Mendis, D., 2021. Copyright and NFTs: new wine in old bottles? World Intellectual Property Review (24 November 2021).

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Non-fungible tokens—also known as NFTs or “nyfties”—are digital assets on the secure blockchain. They are mainly used to sell exclusive, digital items online and since a digital artwork tokenised as a NFT sold for $69 million at Christies in March 2021, it has expanded into various other industries, ranging from sport, fashion, music, films, entertainment to many more. However, whether it is a piece of digital artwork, a cute digital penguin or a bored ape, they are essentially traceable JPEGs or GIFs, which are represented as NFT tokens. If so, what is someone actually buying when they purchase a NFT and do they have ownership of it, from a legal perspective? This article considers the meaning of NFTs, their historical development, authorship, ownership, infringement issues from a copyright perspective and questions the liability of NFT marketplaces which strive for decentralisation, in a regulated world.

Item Type:Article
Additional Information:First published in World IP Review:
Uncontrolled Keywords:Non Fungible Tokens ; Nyfties ; NFTs ; Copyright law ; Intellectual Property Law ; Authorship ; Ownership ; Infringement ; NFT Marketplaces ; Decentralisation ; Liability
Group:Bournemouth University Business School
ID Code:36572
Deposited By: Symplectic RT2
Deposited On:02 Feb 2022 11:02
Last Modified:19 Apr 2022 14:32


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