Abstract
The paper deals with the phenomenon of non-fungible tokens (NFT), and its particular focus is on the so-called “Art NFTs”, and on the legal demystification of the superior attributes assigned to these tokens. The paper addresses a number of issues. Firstly, it examines the legal and technical possibility to actually create a “digitally unique” piece of author’s work. Secondly, it explores the acquisition of ownership and copyright in the work of art, to which the NFT referres to, during the process of creation and transfer of that NFT. Finally, the paper scrutinizes the topics of copyright violations, which may occur while minting the tokens and of the destruction of the physical original of the tokenized work. The paper also deals with two relevant cases from practice (Miramax, LLC v. Tarantino and Free Comb With Pagoda, J.M. Basquiat), which illustrate how the so-called “Art NFTs” collide with copyright principles.
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