Copyright Infringement Liability of NFT Digital Artwork Platforms
DOI:
https://doi.org/10.54097/thk2ay85Keywords:
NFT Digital Artwork, Platform Responsibility, Indirect Infringement, Necessary MeasuresAbstract
The development of information technology and the evolution of laws have given rise to new issues and disputes in the determination of platform responsibilities in cases of disputes over internet dissemination rights. With the advancement of the blockchain industry, the Hangzhou Internet Court in China has determined that NFT digital artwork platforms can be deemed as aiding infringement in copyright disputes. This article aims to clarify the role played by platforms in infringement cases by analyzing the technical characteristics of NFT digital artwork platforms. It will also discuss factors in determining the liability of NFT digital artwork platforms based on judicial practices, thereby elucidating the principle of "notice + necessary measures" applicable to these platforms.
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Shenzhen Qice Diechu Cultural and Creative Co., Ltd. v. Hangzhou Yuanyuzhou Technology Co., Ltd., Hangzhou Internet Court (2022), Decision No. Z01921MC 1008.
Tao Qian. On the legal meaning of non-homogeneous token trading in digital works[J]. Oriental Law, 2022(2): 74.
See Australian Tape Manufacturers Association Ltd v The Commonwealth, 176 CLR 480, at 498 (1993).
Huang Mengying. A New Interpretation of the Liability Determination for Internet Service Providers: A Perspective Based on Direct Economic Benefit[J]. Journal of Chongqing Radio and Television University, 2022(01): 35.
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Wang Qian. Research on Copyright Protection in the Online Environment [M]. Law Press, 2011: 90.
See U.S. Code § 512 ( m) ( 1) ; Directive 2000 /31 /EC Article 15 (1).
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