NFTs: The Latest Technology Challenging Copyright Law's Relevance Within a Decentralized System

Authors

Rebecca Carroll

Abstract

Non-fungible tokens (“NFTs”) redefine society’s understanding of digital ownership and transform how creators distribute original works to consumers. This unique and often misunderstood technol- ogy has the potential to yield extraordinary value for both creators and consumers. While NFTs have existed for some time now, the recent frenzy caused by several high-value sales of NFTs exposed a number of unanswered legal questions, particularly in copyright law. NFTs also raise ideological concerns over how much, if any, government oversight and regulation should exist over the “open” internet. This Note explores copyright law’s application to NFTs and seeks to address a number of unanswered copyright law ques- tions, including who has the right to mint a copyrighted work into an NFT. This Note then seeks to address how extending application of copyright law to the decentralized system can support the ideals of a free and open internet.

Recommended Citation

Rebecca Carroll, NFTs: The Latest Technology Challenging Copyright Law's Relevance Within a Decentralized System, 32 Fordham Intell. Prop. Media & Ent. L.J. 979 (2022).
Available at: https://ir.lawnet.fordham.edu/iplj/vol32/iss4/3