1. NFT artwork and its casting
NFT digital art has two types of creation methods. One is that the creator directly uses a digital terminal such as a computer for digital creation, and then NFT encryption is performed on the work, which is relatively simple and easy to operate; the other way is to take digital photos, video animations, and 3D videos of offline artworks. It is relatively complicated to convert it into digital form and then perform NFT encryption.
Regardless of whether it is a digital work directly created by the creator, or a traditional offline physical artwork forged into NFT products, if the creator is the creator himself, then there should be no problem. However, if the creator is not the creator, authorization from the creator or the relevant right holder is required. After digitizing traditional physical artworks, NFT encryption may involve more legal issues because of the complex scenarios and links involved.
2. The relationship between the caster and the NFT artwork
What is the legal nature of casting digital works into NFT products, or casting traditional physical artworks into NFT? What conditions need to be met by the caster?
We might as well review the process of casting NFT. As the original element of the digital world, NFT is essentially a different kind of Token. Since the metadata of this Token is related to specific items, the combination of this different Token and metadata forms an NFT product, and the NFT product can be understood It is a digital product with specific use value that can be combined with a program and has use value. Therefore, the process of casting NFT products is a process of digitizing specific product information data and anchoring it with a specific TokenID.
Therefore, it can be said that the digital presentation of specific data information is the essence of NFT product casting . So what is the act of digitizing specific data information?
First of all, it is certain that, in many cases, the act of digitization is a kind of copy right. my country’s “Copyright Law” mentions that making one or more copies in a digital way is copying. Article 10 (5) of the Law stipulates that the right of reproduction in copyright property rights refers to the right to make one or more copies of a work by printing, copying, rubbing, sound recording, video recording, dubbing, copying, digitization, etc.
However, we must also realize that the process of digitization is not only about copying, there may be processing and even re-creation of data. Especially because of the combination of NFT products and programs, different levels of processing and re-creation are usually required in different application scenarios. Therefore, it may also include some other behaviors, which may include:
Exhibition rights. If the work itself should be a digital work, when casting it into an NFT product, if the TokenID is directly anchored to the digital work, and there is no copying behavior itself, it can be considered that the caster has exercised the right to exhibit the work.
Filming rights. If the work itself is still, but it is filmed in all directions when casting the NFT, and some other creative elements may be added, then the filming right is exercised.
Adaptation rights. If the work is offline, then the NFT product casting process, such as adapting it into a small video, then exercises the right of adaptation.
Translation rights. For example, for works with elements of Chinese style, when casting NFT, they may also be translated into foreign languages, so translation rights may also be included.
Compilation rights. If multiple digital works are cast into NFT products, then compilation rights may be included.
The right to network communication. Almost all NFT product casting activities must exercise the right of network communication. Because after casting, it can be seen by NFT, which is spread on the Internet.
Data rights. Among them, all rights except data rights belong to copyright property rights and require the permission of the copyright owner to exercise. And data rights, that is, the right to collect and use data related to works. According to Article 22 of my country’s Cyber Security Law, “If network products and services have the function of collecting user information, their providers shall clearly indicate to the users and gets agreement”. Article 32 of the “Data Security Law” stipulates that “any organization or individual shall collect data in a legal and proper way, and shall not steal or obtain data in other illegal ways.” When casting NFT products, if collecting, using, Processing the data of other users requires the authorization of the relevant users.
With the continuous development of digital technology, the digital operations in NFT casting in the future may become more and more diverse, which may involve more copyrights, data rights and even the exercise of other rights, and the forms of authorization may become more and more diverse. This dynamic The development reflects the reality of the rapid development of digital technology.
3. Who has the right to cast NFT artwork
NFT digital artwork has many advantages over physical artwork. First, it is easy to confirm the rights, the signature of any author on the physical artwork is easy to be imitated, and the artwork encrypted by NFT is unique; the second is easy to store, the physical artwork may use some raw materials, etc., which will change over time Old or worn or deteriorated, but NFT works will not; third, open and transparent transactions, based on blockchain technology, can ensure that all transaction prices and processes of NFT works are open and transparent; fourth, low transaction costs, compared with physical works, NFT digital The promotion, transaction and payment of artworks are all more convenient.
It is precisely because of the advantages of NFT artworks that NFT casting of artworks has increasingly become a consensus, and there have even been many unauthorized NFT casting behaviors. Some people cast some valuable artworks without authorization. Become an NFT work, and some even regard it as the fairness and justice brought about by the blockchain. This is a serious misunderstanding of the spirit of the blockchain and the basic principles of the law. As we analyzed above, casting NFT products, according to the different situations in the casting process, involves different digital operations of the work, and to varying degrees exercises certain property rights in the copyright of the original work, and even involves some related data. rights and interests. If you cast someone else’s work into an NFT work without authorization, you will definitely bear the corresponding legal responsibility.
Posted by:CoinYuppie，Reprinted with attribution to:https://coinyuppie.com/who-has-the-right-to-cast-nft-artwork/
Coinyuppie is an open information publishing platform, all information provided is not related to the views and positions of coinyuppie, and does not constitute any investment and financial advice. Users are expected to carefully screen and prevent risks.