NFTs, Creativity and the Law

Non-Fungible Tokens (NFTs) have emerged as an important medium for the creation, sale and collection of art, with many major business and fashion houses creating their own NFT projects. This book investigates the eruption of NFT crypto art, and its impact on copyright law. Chapters address topics at the intersection between AI, smart contracts, data science, copyright law and arts administration. With snapshots of the ongoing heated debates around copyright law, the book investigates whether NFTs violate copyright and moral rights, the liability of NFTs platforms, impacts on ethical issues such as counterfeiting. The first book published on this emergent topic, this book offers a comprehensive overview of opportunities and challenges raised by NFTs to copyright law and, more generally, to the regulation and economics of the creative and cultural industries. The book is addressed to law and tech enthusiasts as well as academics, students, practitioners and policy makers interested in the intersection between copyright rules and new forms of technology.

Enrico Bonadio is Reader in Intellectual Property Law at City University of London, UK. Caterina Sganga is Associate Professor of Comparative Private Law at Scuola Superiore Sant'Anna, Italy.

Introduction Enrico Bonadio, Caterina Sganga 1. NFTs 101: Non-Fungible Tokens and the blockchain may not be what you think Eduardo Alonso, Esther Mondragón 2. NFTs and Copyright: Setting the Scene Caterina Sganga, Enrico Bonadio, Magali Contardi, Marie Clopterop 3. Non-fungible Tokens and Liability of Online Marketplaces: a European Perspective Zoi Krokida 4. Deploying Blockchain Technology in the Copyright Office Peter K Yu 5. All Roads Lead to Tokens - The Impact of NFTs on Galleries and Museums Peter Mezei, Ioanna Lapatoura 6. The Past and the Future: Cultural Heritage Rules Meet NFTs Cristiana Sappa 7. Tokenizing Attribution: NFT Marketplaces and the Enforcement of Social Norms of Authenticity Antoni Rubì-Puig 8. Art in an Age of Non-Fungible Tokens: Authenticity, Value, and Counterfeit Giancarlo Frosio, Anthony O'Dwyer 9. Street Art, Graffiti and NFTs: Copyright Issues on the Streets of Web3 Enrico Bonadio, Siri-Helen Egeland 10. The New Copyright Frontiers - World-Building and Advanced Technologies Alana Kushnir 11. "If You Don't Want Something Stolen, Don't Put It on The Net". Appropriation Art from Early Net Art to NFTs Domenico Quaranta 12. From Exclusive Ownership to Zones of Exclusivity Martin Zeilinger 13. The Emperor's New Collectibles Balázs Bodó, Joost Poort 14. The Banality of NFTs Patrick Goold Epilogue Andres Guadamuz