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LEGAL ANALYSIS OF THE PROTECTION OF NFT (NON-FUNGIBLE TOKEN) ART CONTENT IN THE PERSPECTIVE OF LAW IN INDONESIA
IB Gede Agustya Mahaputra, I Komang Bintang Kurnianta

Faculty Of Law
Warmadewa University


Abstract

NFT (Non-Fungible Token) is a record of ownership and authentication authority used in various contexts, particularly in digital art and music, where unique works can be traded and owned digitally with verified ownership guarantees through blockchain technology. This research aims to analyze and gain an understanding of the legal protection provided to owners of NFT content in the legal context of Indonesia. The phenomenon of buying and selling NFT artworks in digital format presents new opportunities for artists but also raises issues related to the protection of their copyright from actions that could harm the creators. The research addresses the legal consequences and legal protection provided to owners of NFT content in the Indonesian legal context. The research adopts a normative juridical or library research method as the primary approach. In this study, relevant primary, secondary, and tertiary data are collected and analyzed. The research findings indicate that to protect the copyright of artworks sold as NFTs, policies are needed to regulate limitations in NFT transactions. With these limitations in place, after an NFT is purchased by someone else, the new owner will have restricted rights to the artwork, such as a prohibition on reselling the work and creating licenses in their own name. Instead, the owner who purchases the artwork from the creator can only use, reproduce, and display the work to the public. Thus, the copyright of the artwork remains with the creator who sells it as an NFT. This research contributes to the understanding of legal protection for owners of NFT content in the legal context of Indonesia.

Keywords: NFT, Intellectual Property Rights, Works of Art, Legal Protection

Topic: International Law

Plain Format | Corresponding Author (IB Gede Agustya Mahaputra)

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