NFTs και δίκαιο πνευματικής ιδιοκτησίας
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Keywords
NFTs ; Δίκαιο πνευματικής ιδιοκτησίας ; Copyright ; Blockchain ; Non fungible tokens ; Copyright law ; N. 2121/1993 ; Ευθύνη πλατφορμών ; Παρουσίαση στο κοινό ; Αναπαραγωγή ; Δίκαιο ; Tέχνη ; Tεχνολογία ; Οδηγία 2019/790Abstract
The starting point of the present master’s thesis is NFTs trading boom, which began in 2021 and transformed NFTs to a new investment opportunity for a wide audience. NFTs may have flooded the internet and the art market worldwide, however, along with them has come the concern about their creation and conducting transactions with them. This concern is focused on their legal nature and their relationship with copyright law. The main objective of this study is to contribute to the existing academic debate on the points of intersection between NFTs and copyright law. In order to gain a better understanding of the legal issues involved, Blockchain technology is presented as the basis for the development of NFTs. It is then followed by a discussion of key points regarding the structure and operation of NFTs. To facilitate a deeper understanding of how NFTs relate to intellectual property law, a distinction is made between different NFTs. Next, the legal nature of NFTs is explored in the light of recent case law and existing academic approaches. The thesis goes on to present the relationship between copyright and NFTs and analyses how the creation and distribution of NFTs to the public infringes the rights of creators. Finally, the issue of the liability of NFTs distribution platforms for infringements of authors' intellectual property rights is explored.