NFT 콘텐츠 거래와 저작권 쟁점 연구

Abstract

NFT (Non-Fungible Token) is in the limelight as one of the new means of accumulating digital assets based on its scarcity and originality. However, in the process of trading NFTs, content sales are often suspended or deleted due to copyright infringement controversy. For example, famous Korean painter Lee Joong-seop's 'Bull', Park Soo-geun's 'Two Children and Two Mothers', and Kim Hwan-ki's 'Front Lighting-Untitled' were planned to be produced and sold as NFTs, but controversy arose over authenticity and copyright. The auction was temporarily suspended in June 2021, and the frog character-themed 'Sad Frog District' project was also suspended in August 2021 due to copyright infringement claims by Matt Furie. The content has been removed from Sea). This is due to the fact that due to the nature of NFT, it proves ownership of the original digital content, but does not confirm that the copyright is legitimate. In this paper, we considered copyright infringement issues and improvement plans according to the production and distribution process of NFT contents. In this regard, first, in order to prevent the issuance or sale of NFTs by non-right holders, it is required to prepare a copyright certification procedure before issuing NFTs of digital contents. Third, the principle of exhaustion of rights does not apply to NFT transactions, but it can be interpreted separately when online and offline transfers occur simultaneously. Fourth, NFT transactions Fifth, it is in line with the principle of equity to introduce the related concept in Korea's copyright law for the benefit of art authors, considering that there are no border restrictions and many countries, including the UK, France, and Germany, have introduced the concept of the right to follow. Fifth, In addition, it was argued that NFT market place operators should also apply the online service provider's immunity requirements, and prepare a route to stop posting and selling the content if there is controversy over illegal or counterfeiting. Although the production and distribution of NFT-based content is increasing, the related legal system is still incomplete. At this point, it is considered important and meaningful to examine the copyright issues in NFT content transactions. Keyword : NFT, distribution, counterfeiting, illegal theft, right to follow, principle of exhaustion, OSP responsibility.