Martha Visser

NFTs IN LEGAL PERSPECTIVE AND CHALLENGES FROM THE FIELD

The contribution will focus on the legal characteristics of NFTs. Issues relating to ownership will be addressed, specifically when it comes to public institutions. What does one buy when acquiring a nonfungible token, for instance via platforms such as OpenSea? How far should museums go in exercising due diligence? Further important questions relate to copyright, which arise when minting and transferring NFTs. Resale rights (droit de suite) are often implemented via smart contracts, but is this practice legally tenable? The linking of digital objects to physical objects (thus creating phygitals) shall not remain undiscussed and finally, relevance of new and existing regulations (such as the MiCa Regulation on crypto assets) and international case law will be considered.

Martha Visser is an art and intellectual property law attorney at Bergh Stoop & Sanders in Amsterdam. She focuses on copyright, artists’ rights (specifically in the digital era) and cultural heritage.

https://thelawreviews.co.uk/title/the-art-law-review/netherlands
https://thelawreviews.co.uk/title/the-art-law-review/germany
https://www.europarl.europa.eu/RegData/etudes/STUD/2022/737709/IPOL_STU(2022)737709_EN.pdf
https://www.courtlistener.com/docket/62602398/140/hermes-international-v-rothschild/
https://www.bailii.org/ew/cases/EWHC/Comm/2022/1021.html