May 5, 2024

Is it worth investing in NFT tokens? Legal aspects

Is it worth investing in NFT tokens? Legal aspects

We often hear the phrase that blockchain-based NFTs provide 100% ownership. HoweverThere are certain problems behind this phrase, so let's list some of them.

The main intellectual property issues with NFT are related to copyright law. The fact is that its application in the world of software and cryptocurrency is rather ambiguous.

Who really owns the copyright of a work - creator, NFT buyer, after-resale buyer, platform, platforms, smart contracts?

Of course, it can be said that ownershipis defined and regulated by a smart contract, but will it be recognized in all jurisdictions in which the blockchain exists? Have the requirements of various copyright treaties been taken into account?

What about situations with multiple creators, especially if they disagree on how the work should be used?

What about "moral rights"? Is this question on the agenda of the NFT community, do they know about these rights, which are so important in Europe?

What should you do if things don't go according to plan? Usually, in various disputes, people go to court, but in this case it is difficult to determine who will be the defendant - the platform, artists or buyers.

Let's not forget that in the case of copyright, a third-party copyright holder can designate their claims, so I wonder if the platforms themselves have foreseen this issue?

Copyright is not the only issue for NFT, there is also a trademark issue.

Trademarks are believed to be intended forconsumer protection. If you have an NFT that uses a brand / slogan, then what are the risks and who should be ultimately responsible?

Unfortunately, NFT is such a new phenomenon thatThere are simply no answers to these questions, but it is important to ask yourself before making an expensive newfangled acquisition associated with legal risks.

Where can you buy and sell NFT tokens?

Is it worth investing in NFT tokens? Legal aspects

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OpenSea is the largest online marketplaceto host digital collectibles and other rare electronic assets. On OpenSea, you can buy and sell non-fungible tokens (NFTs), including the ERC721 and ERC1155 standards, as well as discover various digital goods.

The official website of the OpenSea platform https://opensea.io

OpenSea platform was founded in November 2017years, and today it is the largest marketplace for buying and selling digital collectibles and other rare assets. The platform offers over 300 types of assets and over 10,000,000 items.

Thanks to OpenSea, you can buy, bid, and discover digital collectibles and other assets such as domain names and member-specific NFTs.

For a detailed guide on working with the OpenSea platform, see here.

Is it worth investing in NFT tokens? Legal aspects

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