On the Platform's Duty of Care Concerning the Issuance after Unauthorized Minting of NFT of Copyrighted Works——Based on the Gatekeeper Theory
The application of NFT(Non fungible Token)technology in the field of digital works has widened the channels for the dissemination of traditional copyrighted works.Although NFT technology can ensure the uniqueness of NFT digital works after minting to the blockchain,it is impossible to identify the ownership of rights before it,which may result in copyright risks associated with the unauthorized minting of NFT digital works.In order to deal with the source of this prohibited behavior,it is necessary to start with platform governance by carrying out strict inspection on the intermediate verification link in the process of conversion from physical works to digital works.According to the gatekeeper theory,NFT digital trading platforms are equipped with the ability of channel control and content control,which can conduct"gatekeeping"in advance.Therefore,these platforms should take the initiative to undertake the copyright duty of care to avoid the occurrence of unauthorized minting.From the perspective of the gatekeeper,the copyright duty of care of NFT digital trading platforms should be based on the copyright filtering obligation so as to perform dual"gatekeeping"in form and substance.
NFT digital trading platformunauthorized mintinggatekeeper theoryduty of care concerning copyrightcopyright filtering
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