NFTs within the Framework of the Concept of Digital Works

News
Tarih 20.12.2023
Birim Faculty of Law
SDG Quality Education, Sustainable Cities and Communities, Peace, Justice and Strong Institutions

On 20/12/2013, a presentation was given at the Copyright Academy, organised by the Social Innovation Agency, entitled " NFTs within the Framework of the Concept of Digital Works".

The following points were made in this presentation: In our opinion, NFTs should be considered as works of fine art if they have the characteristics of being a work of art listed in the Law, namely the creative contribution of the owner of the digital asset and have aesthetic value.

Since there is no regulation in the law on this issue, instead of making a definitive determination to cover all NFTs, whether the NFT constitutes a work should be evaluated separately for each concrete case.

First of all, if the digital file fulfills the conditions of being a work listed in the FSEK, it should be subject to copyright protection. The digital file and its metadata, which is unique to it, such as timestamps and certificates of authenticity, should be protected together, and this copyright protection should start with the creation of the digital artwork. In summary, the tokenized digital file is subject to copyright protection, while the minting process strengthens the claim of copyright.