Abstract
This study examined the technical characteristics of NFT, such as the concept of NFT, its history, and the distinction between NFT and NFT contents (Chapter 2). And as a preliminary review to discuss the legal issues of NFT, the productibility and the copyrightibility of NFT and NFT contents were reviewed (Chapter 3). NFT includes NFT metadata and NFT content. Under the current law, the productibility of NFT metadata and NFT content is denied, but NFT metadata has a high possibility of scarcity, exclusive control, and independent trading, so it was argued that property law protection could be possible with future amendments to the law or changes in interpretation theory. Copyrightibility of NFT metadata will be denied, but it is determined that NFT content can be recognized as copyrightable according to its contents. Based on the discussion in Chapter 3, the copyright law issues raised by NFTs were reviewed (Chapter 4). First, we looked at NFT-related copyright dispute cases that are becoming a reality, and selected and examined representative cases of digital copyright infringement that are expected to have significant implications in NFT-related litigation, focusing on relatively recent cases. Based on the review of these cases, aspects of copyright infringement that are expected to occur during the transaction and creation of NFTs are analyzed and listed in detail from the objective and subjective perspectives. Specifically, the series of processes of creating and storing NFTs without the permission of the copyright holder is highly likely to include a commercial use process, and therefore may constitute infringement of Author’s Property Rights and Moral Rights depending on the method or content of use of NFT content. In addition, advertising and posting NFTs on NFT trading platforms appears to be an act of aiding and abetting the act of providing them to the public commercially and continuously because the NFTs contain a URI that links to NFT content that infringes copyright.
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