Is it Legal to Sell the Same Art as NFT through Different Platforms?

in hive-101145 •  3 years ago  (edited)

Is-it-legal-to-sell.jpg

NFTs have become a cultural phenomenon in 2021, with celebrities constantly making headlines due to the double spacing in space, scams, and legal heights. In addition to earning millions from some NFT creators, it is understandable why you want to try it out or play with the technique to get a better feel for it. NFTs, or non-fungible tokens, are unique files that are in a blockchain and are capable of verifying the ownership of a work of digital art. Buyers usually have limited access to the digital artworks they represent, but in many ways, they are just buying the right to be proud and a property that they can then sell again.

"Non-fungible" means, it is distinctive and cannot be changed with anything else For example, a bitcoin is fungible - trade one bitcoin for another bitcoin, and you will have the same thing. One type of business card, however, is non-functional. At a very high level, most NFTs are part of the Ethereum blockchain. Ethereum is a cryptocurrency, like Bitcoin these NFTs, which store additional information that makes them work differently than an ETH currency. You should always aware about the fact that other blockchains may execute their versions of NFT. NFTs can be a bit digital (like drawing, music, your brain has been downloaded and turned into an AI), but a lot of the current excitement is using tech-savvy using digital technology to sell NFT art.

For contemporary artists, working with blockchain in the form of non-fungible tokens (NFTs) seems to be a safe and verifiable way to sell art online. In a way, this is it Blockchain records time-stamped data on all transactions with a permanent ownership index on a distributed lease. A glance inside a blockchain operation will give all the information regarding when an NFT transaction took place, who was involved in the transaction, and how much was spent. But the reality of NFT ownership is more complicated than imagined. As a new crypto asset class, NFTs seem to be almost undivided by the current regulatory system. But when united with art, there is be related to consider. Thoughtfulness of the legal problems of the current NFT system is the initial step in unlocking its potential.

Does copyright exist in blockchains?

High hopes for the potential of NFT to act as copyright alternatives are high, with many believing they to be copyrights. When it comes to face value, it's easy to get confused. The truth is, NFTs are just tokens that represent a property. Because each NFT represents a unique property, one NFT cannot be duplicated while maintaining the same value as the original. Many equate this unique form of ownership with the ownership of work, but the difference needs to be emphasized. This misconception goes a long way. The scope of the possibilities is surprisingly similar to why an NFT with copyrighted works. While each authority defines "work" in different ways, none of it goes far beyond the essentials. In Canada, for example, copyright protection extends to literary, artistic, dramatic, or musical works in addition to performances, recordings, and other related works. Creators do not need to apply for this protection - the state provides them with in-depth work once the work is done.

The problem of NFT copyright tracking is even more complicated when considering the possibility of theft and fraud. To add to the blockchain, NFTs must be "signed" in a process known as "monitoring" by the uploader. Like the artist's text on their image, this feature is intended to connect NFT with its creator. When miners lie about their identities, things can go wrong, which is not uncommon on many NFT platforms?

Copyright framework

This is due to the lack of a strong legal framework in the NFT market On some platforms a person can make a gift of a tweet, nft art piece, or nine cats without being a real creator. As a result, many artists have seen their art stolen and sold in NFT form, which would be a copyright infringement in the traditional art market. NFTs have taken the art and sports world by storm. You would think that they are a fictional fad or a new possibility for artists, they make headlines when they sell for millions of dollars. The longevity of NFTs is being debated, but they are selling online like hotcakes. Many are convinced that NFTs are here to stay, and with the rise of Facebook's metaverse, it seems like the time is right now to digitize everything.

The famous artist has a completely unique and exchanging unit of data stored in a digital laser hidden in the shackle that uses blockchain technology to establish ownership. NFTs are collectible digital assets that carry value, just as physical art does value, so do NFTs. NFTs are like Bitcoin and Ethereum like cryptocurrencies. Of course, an NFT is completely incomparable, and it cannot be exchanged for likes, where non-fungible money starts to make sense. The file stores additional information that makes it higher than pure currency and actually brings it to something.

Any type of easily reproduced digital file can be stored as NFT to identify original copies of digital files such as photography, art, music, video, tweets, and memes. You can create almost any unique NFT that can be digitally stored and loaded. They are like any other collector's item, such as a painting or a vineyard action figure, but instead of buying a physical item, you are paying for a file and proving that you own the original copy.

It is not legal to sell the same art as NFT through various NFT platforms, as information about NFT purchases and sales is stored in the blockchain, for example, I bought a lion from the Sports icon because I will be able to contact them today with Louis Figo. They launch NFT for him, and if I sell this NFT right now, I don’t have the opportunity to communicate, because I have information at my address that I don’t have.

About the Author

Adv. P. M. Mishra is a lawyer working as Managing Partner of Finlaw Associate, Director at Finlaw Consultancy Pvt. Ltd., India, Finjuris Counsels LLC, UAE & BCH Consulting, Estonia, Europe.

You can check about them on these websites
https://www.finlaw.in/
http://www.finjuris.ae/
https://www.bchconsulting.eu/

Authors get paid when people like you upvote their post.
If you enjoyed what you read here, create your account today and start earning FREE STEEM!