Danny Friedmann

Jun CHEN

2021 was a miraculous year for non-fungible tokens (NFTs), which led to confusion among observers of the phenomenon from both the art industry and regulatory authorities. This article provides a dispassionate analysis of the value of NFTs from an artist's and intellectual property (IP) perspective. In the longer term, NFTs could improve the fate of artists to authenticate their works, set their conditions and get a resale compensation per transaction. This could happen, once their underlying works can be minted too, so that an NFT entails more than just a self-referential certificate. The article focuses on the US jurisdiction where the NFT phenomenon originated and only touches upon the EU jurisdiction in regard to the droit de suite right and Chinese jurisdiction in regard to the transmutation of NFTs into the speculation-proof 'digital collectibles'. The introduction provides a primer on the blockchain, NFTs, and the paradox of digital uniqueness and authenticity. Section II addresses the value game of art before and after the emergence of NFTs. Section III investigates the commercial side of NFT art and its new version of Maecenas. Section IV provides an analysis of the rights of the NFT holder versus the rights of the artist from an IP perspective; and focuses on unauthorized use of underlying works and regulation in the US and China. Section V provides the conclusions and contemplates whether NFTs will redefine the future of art and artists: from showcase of bragging rights to essential tool for artists to protect their IP rights.

The Value of NFTs from an Artist's and Intellectual Property Perspective

Jumping from Mother Monkey to Bored Ape

Julien Chaisse

Fernando Dias Simões

La 4è de couv. indique : "This 26-chapter volume brings together leading academics and practitioners to examine how wine law and policy have gradually moved from national terroirs to a global market. It is the first holistic study of the comprehensive field of wine law which posits that the wine laws and regulations have caused an enormous imbalance between different jurisdictions, which has either resulted in the overregulation, which stifles innovation, and under-regulation, which leaves many a wine consumer clueless about what they are drinking. This book brings together legal scholarship about trade law, intellectual property rights, and health law and policy which are all relevant for the future of the wine industry."

From National Terroirs to a Global Market

Wine Law and Policy

Legal conflicts between trademark holders, social media providers and internet users have become manifest in light of wide scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability.

Towards Algorithmic Justice

Trademarks and Social Media

Wine law and policy have evolved significantly over the last century, progressively moving from national terroirs to a global market. In this process, countries and regions took different approaches to address new problems wish are analyzed in this book.

Danny Friedmann

About

Books

Join the club