Nfts Creativity And The Law

Non-Fungible Tokens (NFTs) have emerged as an important medium for the creation, sale and collection of art, with many major business and fashion houses creating their own NFT projects. This book investigates the eruption of NFT crypto art, and its impact on copyright law. Chapters address topics at the intersection between AI, smart contracts, data science, copyright law and arts administration. With snapshots of the ongoing heated debates around copyright law, the book investigates whether NFTs violate copyright and moral rights, the liability of NFTs platforms, impacts on ethical issues such as counterfeiting. The first book published on this emergent topic, this book offers a comprehensive overview of opportunities and challenges raised by NFTs to copyright law and, more generally, to the regulation and economics of the creative and cultural industries. The book is addressed to law and tech enthusiasts as well as academics, students, practitioners and policy makers interested in the intersection between copyright rules and new forms of technology.

A leading legal scholar offers a compelling new theory to explain the meteoric rise of non-fungible tokens (NFTs) and their impact on art, business, entertainment, and society, and explains how they are revolutionizing our understanding of ownership. If you buy an NFT, do you own anything? Critics say no. Then why are people spending so much money to own them—to the tune of $27 billion in 2021? And why are big businesses and venture capital firms investing hundreds of millions to develop NFTs for people’s use in the metaverse, a purely imaginary world? In Creators Take Control, Edward Lee offers a compelling new theory he calls “Tokenism” that answers these perplexing questions. Using vivid examples, Lee lucidly explains how NFTs operate—and how they fundamentally change our understanding of ownership. Tokenism is an artistic, cultural, and technological movement that creates value in a new kind of ownership of a new type of property—symbolized by a virtual token—through a process of technological abstraction and artificial scarcity effectuated by NFTs. Ownership becomes virtual. What Cubism did in radically changing the twentieth-century perspective of creating and viewing art through cubes, Tokenism does today in altering our perspective of owning art and other things through tokens. Both movements radically reimagine what’s possible. Creators and businesses have seized upon this profound transformation. In a short time, they have developed a new market for digital art, important new rights for creators, innovative business models based on decentralized collaboration, and a new type of interactive ownership that enables identity, community, and patronage through NFTs. These innovations are just the start of revolutionary changes to society. Lee shows how NFTs create a new form of decentralized intellectual property, or De-IP. Comparable to the movement to decentralized finance (DeFi), De-IP empowers creators to take control of their artistic productions and livelihood. Lee’s intellectual tour de force is filled with practical insights—and hope—for fostering creativity and a Virtual Renaissance for the ages.

Research into creative and cultural organisations has proliferated, benefitting from insights from a range of disciplinary perspectives. Starting a research journey can be daunting in such a diverse field. This book provides expert insights into research process and practice, with a qualitative focus. The book helps readers to plan, execute, and analyse research, turning their work into data, results, and new knowledge. Taking an individual perspective, the author addresses a trio of paradigms, methodologies, and methods, and applies them to the whole research process, from start to finish. The book seamlessly links theoretical and conceptual aspects with best research practice along the way. A book for researchers at all stages of their work, the resources are also valuable for students and reflective cultural practitioners who want to know how to plan, implement, and evaluate their research project.

Craft is resurgent. More people are buying craft; more money is being spent on craft products than ever before. This book centres craft as a creative industry, illuminating the experiences of those working in and around craft, particularly people from marginalised groups. Shining a light on inequalities around craft work, the author examines the lived experiences of women makers of colour in the professional craft sector. Experiences of racism and microaggressions at all stages of their craft career are analysed. The author draws on innovative empirical research carried out in the UK and Australia, two countries where the resurgence in craft is apparent, yet professional craft practice is dominated by the white and relatively privileged. In interrogating hierarchies of expertise and cultural value in craft, the author employs case studies from community crafts and social enterprises. The result is a book of interest to scholars at the intersections of the creative and cultural industries, the creative economy and inequalities at work.

Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world’s biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while, in the EU, the CJEU’s interpretation of the pan-European design rights system has created significant overlap with copyright law and risks, leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection, and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters that can also help create a fair equilibrium between protection and borrowing in fashion design.

This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property.

The notion of "seat" or "Place" is one of the most disconcerting in the international arbitration system. It is usually confused with similar notions such as "Site", "Place", "City", "Venue", "Forum", "Home", "Territory" or "Jurisdiction". Legal professionals add to the complexity with Latin expressions referring to the same such as "Lex fori" (the law of the forum – the jurisdiction –the venue) or "Lex Loci" (the law of the place"). Beyond the nod to Thailand with the title "The Seat is King", this book is a tribute as well as a contribution to the knowledge and practice of international arbitration in the Kingdom of Thailand. Identifying the seat of arbitration, the home legal system is one of the most important features of an arbitration clause. It sets the framework for the law governing the arbitration procedure and more importantly, the process and rights relating to the enforcement of the arbitral award. The battle around the world for having the best or safest arbitration seat is real. What are the assets that a country can display to win such a beauty contest? Generally speaking, the seat of the arbitration matters because it allows the arbitrator to determine conflict of law rules, as well as assistance, support, or control of the state judges. The "seat" or "place" of the arbitration has long been recognized as far more than a place where the main evidentiary hearing might be held. In many arbitrations, procedural meetings are often held remotely or in places other than the seat when it is more convenient to the parties and the tribunal. It is now widely accepted that the choice of seat has a range of potentially significant implications for supporting – or undermining – the effective and efficient conduct of the arbitration and the enforceability of the award. The book will also cover futuristic perspectives such as the transformation of legal documents into visual art thanks the blockchain technology and especially by using NFTs. I will discuss how an NFT can free an arbitration agreement, an arbitration process, an award, and its enforcement from the constraints of the Seat! Going further the chapter on "Blockchain arbitration and the seat" will look at how blockchain technology can potentially resolve all problems related to the seat of arbitration, through a peer-to-peer dispute resolution mechanism. From the arbitration agreement to the award and its enforcement, smart contracts will help resolve every issue traditionally covered by the seat of arbitration. Potentially, the support judge will not be needed anymore and the new york convention of 1958 may be obsolete! The book is an informative and entertaining journey to the seats of arbitration around the realms of the world and technology.

This is an open access book.Changes in law either from the meaning of normative substance, institutional, and legal culture are inevitably in line with the dynamics within various sectors of life society. Therefore, it is necessary to thoroughly discuss and analyze which sectors may have a significant impact on the business world and society today. By discussing comprehensively, comparatively and collaboratively, it is hoped that legal issues can be seen from various perspectives in the legal and social fields by finding fundamental problems in depth related to several topics of discussion, including in the telematics legal sector, natural resource management law, business legal culture, as well as the tourism sector. For this reason, APPTHI held a series of conferences in 3 cities to discuss and make it a meeting place for world law experts with law lecturers throughout Indonesia and invited lecturers from various countries, such as South Korea, India, Malaysia and Europe to take a part in this conference. The 1st APPTHI International Conference on Changing of Law (the series) is the first international conference series held in Indonesia by the Association of Indonesian Law College Leaders (APPTHI), inviting several legal experts from countries such as the USA, the Netherlands, Korea, Malaysia, India, as well as South Korea. This activity has 3 major themes each held in several cities, namely: in Jakarta which will be held at Trisakti University on 22 July 2023 with the theme Changing of Law in the digital era, while in Makassar it will take place at the Indonesian Muslim University/UMI) on July 24 2023 with the theme Changing of Law in the Energy sector and Natural Resources Management, as well as the last series of conferences in Bali on July 26 2023 at Warmadewa University, becoming a series of academic activities that have a broad spectrum and dimension of legal knowledge with various legal perspectives such as business law, corporate law, civil law, criminal law, intellectual property law, telematics law, agrarian law, environmental law, HTN/HAN etc. This event was carried out within the framework of the first round of the APPTHI international program which will continue to be held regularly every year. This program is also a form of implementation of various forms of international cooperation in several countries such as New York University, Utrecht University, National University of Malaysia, Hankuk University, and Jawaharlal Nehru University. In this event APPTHI collaborated with the international program organizer, PASQAPRO. For the activities of The First APPTHI International Conference on Changing Law, The Series, involving campuses as co-hosts in Jakarta (hosted by Trisakti University), including: Jakarta Islamic University, Universitas Suryakancana, cianjur, Lampung Mitra University, Palembang Law School STIHPADA, Islamic University Jakarta, Muhamadiyah University Jakarta, YARSI University, National University, Borobudur University, while co-hosted in Makassar (Host Indonesian Muslim University): Panca Bakti University, West Kalimantan, Sawerigading University, Christian University of Paulus, Makasar, Universitas Juanda, Bogor and Seventeen August University (UNTAG) Semarang, for Bali with the host university Warmadewa, assisted by co-hosts including: Caritas College of Law, Papua. Hopefully this conference will not only be a scientific forum for APPTHI members and various foreign partner universities by providing outputs in the form of indexed proceedings and journals, but also an event that will contribute thoughts in the field of law for the Indonesian government in conducting studies on legal changes positively as well as being a think tank for the formation of state laws and policies.