Application of Principle of Exhaustion of Rights in NFT Works in the Context of Blockchain Technology
As to whether the resale of NFT digital collections can invoke the principle of exhaustion of rights,"affirmative"advocates the application of the principle of exhaustion of rights by analogy;"negative theory"denies the application of the principle of exhaustion of rights;"compromise theory"advocates the establish-ment of rules with limited application based on the right of information network dissemination.These three per-spectives have not yet analyzed the application of the principle of exhaustion of rights based on the characteris-tics of blockchain technology.The exhaustion of the right of distribution is intended to protect the resale of the product by the legitimate subject of intellectual property rights.The principle of exhaustion of rights should not be applied to traditional digital works due to reasons such as the"non-competition"of reproduction and the original owner's retaining the original work.However,in the blockchain environment,the new model of de-livering passwords,changing registrations and completing resale without copying should apply the principle of exhaustion of rights.
NFT digital collectionsprinciple of exhaustion of rightsright of issuanceblockchain technologysmart contracts
万方数据
维普
