Artículo: "Non-Fungible Tokens Issued on Distributed Ledger: Digital Art & Music"

Muy interesante artículo, con informe jurídico bien concreto sobre los NFT. Non-Fungible Tokens.

Se hace referencia a aspectos de la Propiedad Intelectual, pero hay muchos otros de utilidad para el comercio. Por ejemplo, el uso de los NFT como título valor, cualquiera de ellos.

"WHAT ADVICE WOULD YOU PROVIDE TO ARTISTS OR MUSICIANS WHO WANT TO ISSUE THEIR OWN NFT? 

Given recent high-profile stories of people getting rich from new technology, there have been media reports of bad actors who will try to take advantage of the situation.² If you are an artist or musician who is interested in issuing NFTs as a way to monetize your creative content, you need to be careful on how you proceed. For instance:

• Ensure that the piece of art/image, digital music or other creative work associated with the NFT is unique and authenticated. Ensure that you have all of the rights necessary to reproduce and distribute the work.

• Work only with a reputable technology company that will issue the token on your behalf in a manner that is transparent and secure. 

• Inquire about the technology company’s position on payment of royalties. While certain token standards prohibit royalties (because they are viewed as stifling the ability to freely transfer tokens) there have been discussions in the Ethereum community about the creation of a royalty standard.³ At present, artists generally receive a payment when their NFTs are initially sold, but often not if they are resold in the future.

• Work only with a reputable marketplace that does not over-promise or hype the NFTs, and that does not require you to make significant up-front payments in order to issue and sell your NFTs. Find out which blockchain platform the technology company is using. Jodee Rich, founder of NFT issuer Kred and the NFT conference “NFT/NYC”, told us: 

  • NFTs are minted on different blockchain platforms. Ethereum is the standard (called ERC721). Minting and transacting on the Ethereum blockchain is really expensive. We recommend minting on Ethereum compatible blockchains (such as Matic) which are just as effective and much less expensive. 

• Make sure disclosures are clear regarding the purpose of the NFTs as a royalty vehicle, whether there is expected to be an established trading market for them, risk factors or other special considerations, and whether they are or are not investment contracts or other types of securities. "

LINK:

Non-Fungible Tokens Issued on Distributed Ledger: Digital Art & Music