Direito Autoral e NFTs: perspectivas à luz da segurança jurídica e os desafios da era digital

Abstract

This research investigates the legal security of Non-Fungible Tokens (NFTs) in relation to intellectual property and copyright. The intersection between these digital technologies and copyright presents complex challenges and opportunities for innovation. One of the main challenges is the uncertainty in the transfer of copyright and intellectual property rights in NFT transactions, where the automatic assumption of rights transfer is common and results in legal disputes. Various approaches by NFT platforms to licensing, rights transfer, and dispute resolution increase the complexity, highlighting the urgent need to establish clear legal standards to protect the rights of creators and consumers, ensuring effective and reliable transactions, and highlighting the importance of continuous legislative adaptation and multidisciplinary approaches. The adopted methodology was qualitative, including bibliographic research, case study, and document analysis. The literature review was conducted on the ScienceDirect, Springer Link, and CAPES databases. The case study focused on legal disputes, such as Hermès International vs. Mason Rothschild and the authenticity of Tarsila do Amaral's works in NFTs. The document analysis examined the Terms of Use of platforms such as OpenSea, Rarible, and SuperRare. The results indicated that, although blockchain technology and smart contracts offered innovation in the commercialization of digital assets, the transfer of copyright via NFTs is not automatic, requiring contractual specifications. It was observed that NFT platforms, in turn, presented varied approaches to licensing, rights transfer, and dispute resolution, highlighting the need for clear policies to ensure legal security. Thus, it was found that there is a significant need for specific regulations to protect creators' rights and ensure consumer confidence. In this context, the research contributed to understanding the interaction between NFTs, intellectual property, and copyright, in light of legal security, evidencing the need for continuous legislative adaptation and multidisciplinary approaches.