Ask Leo: Can NFT buyers freely distribute purchased NFTs? 🤔

in LeoFinance9 months ago (edited)


If the original is provided in the transaction, such as sales as the original or the replica of the replica, the author's distribution is not applied, which is called the principles of the first sale.

However, for digital forms of work, there is a controversy on whether or not the rights principle is applied to the same principles. After the characteristics of the NFT and the blockchain and the new legal enactment, there are opinions that interpret the current laws and judges only if they have been referred to as the current law and circumstances. Not yet clearly established.

In the case of NFT, the digital work is not traded by the physical medium (USB drive, CD, hard disk, etc.), and the work is not directly transmitted even if the transaction is done in the case of NFT. Because it is only possible to access the work through the links listed in the NFT metadata, it is a problem that the NFT transaction is a valid transaction, even if it is a valid transaction.
In the Columbia University's contribution, NFT is mentioned that only the connection is to sell only.

The Supreme Court in the 'Soriba' event,"Distribution is to be transferred to the common public (physical moving device) of the form of the work or that replica to the form of the type (physical mobile device)," Because other P2P program users can easily download MP3 files stored on the computer hard disk So that the act that contained in the shared folder in your computer does not apply to the deployment. The Court has shown that the transmission of the way that the streaming method, that is, the user to be transmitted to the user's computer and plays in real time, is not deployed.

Therefore, the transmission of the digital file is interpreted that the transmission of the digital file is not subject to the distribution rights, unless the CD or USB, such as a CD or USB containing a USB, is not subject to the distribution rights, but only the metadata is described, not the work itself is stored. Given that NFT transactions are done, it is difficult to see the trade of the NFT as a distribution of the work of the NFT when the work is not being transmitted directly. That is, the author is that it is difficult to exhaust the displacement right.

Of course, if the copyright holder agrees to the initial NFT sales, the possibility of filing a reason for the buyer's resellance is low.
And the NFT trading platform requires a confirmation that the NFT buyer is granted to the NFT buyer through the terms. We need to look at the laws and conditions of OpenSEA and Magic Eden in detail.

Large NFT platforms are focused on responsible avoidance of platforms, rather than defining permissions clearly, and legal disputes are still defined because they are defined as a matter of copyright holders and buyers, and are still high enough. The larger the NFT transaction, the greater the proportion of the work on the work, the larger the discussion of the scope of the digital rights sector.

Despite the same digital work, it is a type that is replicated on the type as an external hard or USB, and a type that is transmitted over the Internet, which is transmitted over the Internet, so that the economical value of the media itself is mistaken and the principles of the rights sector The latter is the opinion of the change agreement with the question of whether it is worthless to handle the right legal handling that does not apply the principles of the right to the regulation.

In particular, NFTs are similar to that of NFTs, which are the basic assets of NFT, in that NFTs are stored and authenticated through the unique identification values ​​stored in the block chain, are similar to that of the type of NFT, than the general digital work, rather than a typical digital work. Rather than focusing on external forms, it is necessary to clearly define the characteristics and mechanisms of the blockchain, and focus on the part that copyright, texture, and ownership of the blockchain, and legal review is required.

In addition, in order to solve the potential problem that the NFT recorded only after the metadata is logged after the transaction, some creators to solve the potential problem that the link may disappear may result in the NFT buyer to provide a replica of the NFT content separately from the NFT, Legal handling is risk that the confusion of the digital work market will be more weighted.

Therefore, it is not a distribution method that is stored in a type of type that is stored in a type of medium, but a separate legislative action if it is necessary to apply the existing confeder to the transmission of the NFT art, not a distribution method that is traded through the Internet.

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