关键词: NFT交易平台, 注意义务, 直接获得经济利益, 控制能力

Abstract: NFT trading platforms have a certain duty of care in the trading of digital works to maintain the
intellectual property order in the Internet environment, but this duty of care should be set specifically according
to the type of platform. Under the B2C mode, those NFT trading platforms that provide cooperated or
independently created digital works to the public, have a high duty of care because they have strong ability to
identify and control infringed contents as providers although the digital works are stored on-chain. Under the
C2C mode, those NFT trading platforms that store digital works off-chain are a new type of internet service
provider (ISP), therefore, their duty of care should be set in accordance with such influencing factors as direct
financial benefit, control ability and popularity of works. For an NFT trading platform with off-chain storage, the
fixed fee it charges for providing basic services does not belong to the direct financial benefit obtained from the
infringement act. Moreover, it does not have the control ability because it has not set clear guidelines and
requirements for internet users to avoid infringement. Therefore, such a platform is only responsible for the
general duty of care of“notice - necessary measures”for copyright infringed contents uploaded by internet
users. However, in the case of well-known works and repeated infringements, it has a higher duty of care to
adopt technical review.

Key words: NFT trading platform, duty of care, direct financial benefit, control ability