Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

Legal Analysis of the Protection of NFT (Non-Fungible Token) Art Content in the Perspective of Law in Indonesia

Authors
I B. Gede Agustya Mahaputra1, *, I Komang Bintang Kurnianta1
1Faculty of Law, Warmadewa University, Denpasar, Indonesia
*Corresponding author. Email: idagustyamahaputra@gmail.com
Corresponding Author
I B. Gede Agustya Mahaputra
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_60How to use a DOI?
Keywords
NFT; Works of Art; Intellectual Property Rights; Legal Protection
Abstract

NFT (Non-Fungible Token) is a record of ownership and authentication authority used in various contexts, particularly in digital art and music, where unique works can be traded and owned digitally with verified ownership guarantees through blockchain technology. This research aims to analyze and gain an understanding of the legal protection provided to owners of NFT content in the legal context of Indonesia. The phenomenon of buying and selling NFT artworks in digital format presents new opportunities for artists but also raises issues related to the protection of their copyright from actions that could harm the creators. The research addresses the legal consequences and legal protection provided to owners of NFT content in the Indonesian legal context. The research adopts a normative juridical or library research method as the primary approach. In this study, relevant primary, secondary, and tertiary data are collected and analyzed. The research findings indicate that to protect the copyright of artworks sold as NFTs, policies are needed to regulate limitations in NFT transactions. With these limitations in place, after an NFT is purchased by someone else, the new owner will have restricted rights to the artwork, such as a prohibition on reselling the work and creating licenses in their own name. Instead, the owner who purchases the artwork from the creator can only use, reproduce, and display the work to the public. Thus, the copyright of the artwork remains with the creator who sells it as an NFT. This research contributes to the understanding of legal protection for owners of NFT content in the legal context of Indonesia.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
10.2991/978-2-38476-180-7_60
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_60How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

TY  - CONF
AU  - I B. Gede Agustya Mahaputra
AU  - I Komang Bintang Kurnianta
PY  - 2023
DA  - 2023/12/31
TI  - Legal Analysis of the Protection of NFT (Non-Fungible Token) Art Content in the Perspective of Law in Indonesia
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 567
EP  - 574
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_60
DO  - 10.2991/978-2-38476-180-7_60
ID  - Mahaputra2023
ER  -