Exploring the legality of NFTs under Australian copyright law

Exploring the legality of NFTs under Australian copyright law

Journal article

1 online resource

Non-fungible tokens (NFTs) have revolutionised the concept of digital ownership, allowing the trade of unique digital assets on blockchain platforms. This article examines the complex relationship between NFTs and the Australian copyright law, highlighting the challenges related to the applicability of copyright to an NFT and the potential unauthorised use of underlying works through NFTs. Since Australian courts are yet to ascertain such intersections between NFTs and copyright law, this article highlights recent instances where courts in other jurisdictions, particularly in the European Union and the US, have tackled these. This article emphasises the importance of courts considering cases in different jurisdictions despite variances in copyright laws and standards. Other key questions that the article analyses relate to whether NFTs are subject to copyright protection, or whether NFTs are merely reproductions or forms of communication to the public of the underlying copyright work. Here, the article highlights the importance of factually considering the contractual relationship between the NFT minter and the author of the underlying work, which in turn will also present complex issues in the future, especially with the emergence of AI-created NFTs.

Crossref

European Intellectual Property Review, 0142-0461 ; E.I.P.R. 2025, 47(6), 314-324

[New York, NY] : Thomson Reuters, 2025.

English

https://1.next.westlaw.com/Copyright

External Online Journals > European Intellectual Property Review