Book contents
- The Cambridge Handbook of Law and Policy for NFTs
- The Cambridge Handbook of Law and Policy for NFTs
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Contributors
- Acknowledgments
- Part I Introduction and Background
- Part II Financial Regulation and Investor Protection
- Part III Capital Markets, Community, and Marketing
- Part IV Intellectual Property and Ownership Rights
- 11 NFTs and Copyright Law
- 12 Unauthorized Minting and NFTs
- 13 Visual Art, Galleries, Collectibles, and NFTs
- 14 NFTs, Property Rights, and Realty
- Part V Data Protection, Privacy, Cybersecurity, and NFTs
- Part VI Other Legal Issues with NFTs
- Part VII Conclusions and Future Directions
- Index
12 - Unauthorized Minting and NFTs
from Part IV - Intellectual Property and Ownership Rights
Published online by Cambridge University Press: 02 November 2024
- The Cambridge Handbook of Law and Policy for NFTs
- The Cambridge Handbook of Law and Policy for NFTs
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Contributors
- Acknowledgments
- Part I Introduction and Background
- Part II Financial Regulation and Investor Protection
- Part III Capital Markets, Community, and Marketing
- Part IV Intellectual Property and Ownership Rights
- 11 NFTs and Copyright Law
- 12 Unauthorized Minting and NFTs
- 13 Visual Art, Galleries, Collectibles, and NFTs
- 14 NFTs, Property Rights, and Realty
- Part V Data Protection, Privacy, Cybersecurity, and NFTs
- Part VI Other Legal Issues with NFTs
- Part VII Conclusions and Future Directions
- Index
Summary
This chapter addresses the phenomenon of unauthorized minting of NFTs. Specifically, the chapter examines whether copyright law should allow minting of NFTs that is not authorized by the author of the underlying work. Despite the immense growth of the NFT market, the answer to this question has remained unclear under extant copyright laws around the world. To provide foundations for policy-making in this arena, the chapter seeks to form a normative stance towards the question of unauthorized minting. It does so by analyzing this question from the perspective of the key theories that underly copyright law, including the utilitarian theory, the labor theory, and the personality theory. The matter is also examined from the viewpoint of cultural diversity and distributive justice considerations, which provide important underpinning for copyright policy. All in all, the analysis offers a normative basis for the conclusion that the right to mint an NFT should be awarded to the author of the work that underlies the NFT.
- Type
- Chapter
- Information
- The Cambridge Handbook of Law and Policy for NFTs , pp. 238 - 253Publisher: Cambridge University PressPrint publication year: 2024