| The general saying that 2021 is the year of NFT,with NFT sales surging from $80million in 2020 to $17 billion in 2021,and total NFT sales on Ether topping $35 billion as of January 2023.Even though a perfect regulatory system has not been established and there are many risks,the NFT artwork trading fervor is still only increasing.NFT artwork is different from the digital works of the Web.2.0 era,which uses blockchain encryption technology to realize the possibility of efficient and convenient copyright confirmation of digital artwork,reduced cost of rights maintenance,guaranteed security with rights,and prior prevention.However,China’s blockchain research started late,the Copyright Law of the People’s Republic of China(hereinafter referred to as "Copyright Law")was amended in 2020,the copyright legislation for NFT artworks is in a blank stage,there are only a few judicial cases,the properties of NFT artworks are unknown,the originality standard of different forms of algorithmic art is questioned,and the NFT artworks in the transaction process are not subject to the rights of distribution,reproduction,The application of information network dissemination rights and exhibition rights is flawed,the exclusive rights of copyright are limited,the NFT trading platform is not fully equivalent to the general network service provider,and the issue of liability ensues.Significant differences in legal application and the lack of uniform standards among courts even in judicial practice make it difficult to solve the copyright difficulties arising from the increasingly explosive growth of NFT artworks.Through literature research and case analysis,we sort out NFT art transactions under blockchain technology,analyze the current situation of copyright protection of NFT artworks,and take the "First Case of NFT Digital Works in China" as a reference case throughout the text.However,in order to solve the difficult problem of legal regulation,it is necessary to examine the reasons for the theoretical differences in many aspects of comparison.Under the existing legal framework,the legal attributes of NFT artworks and strict originality standards are confirmed based on the protection of scarcity issues,taking into account efficiency and fairness.Secondly,based on the blockchain model,the legality of the copyright of NFT artworks is improved from the landing point of the right of distribution and exhibition.In addition,the management of NFT trading system is innovated in three aspects: copyright registration,restriction of rights abuse,and profit distribution.It is also necessary to clarify the responsibilities and obligations of the NFT trading platform,build a new platform for blockchain supervision,improve the credibility of the transaction,and form a more mature legal prevention and protection mechanism. |