Journal of Shanghai University (Social Science Edition) ›› 2023, Vol. 40 ›› Issue (2): 20-35.

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The Legal Nature and Internal Risks of Crypto Digital Collections under Blockchain Smart Contracts

  

  1. 1. Law School, Fudan University, Shanghai 200438, China; 2. Law School, Shanghai University of Finance and Economics, Shanghai 200433, China)
  • Received:2022-03-23 Online:2023-03-15 Published:2023-03-15

Abstract: The non-fungible tokens (NFTs) and crypto digital collections are the latest attempts of blockchain technology to authenticate the ownership of digital assets. The application of blockchain technology and smart contracts enables the NFTs to acquire certain characteristics of property rights. However, mere technological means can hardly secure the links between the underlying digital collections. An Analysis of the legal nature and internal risks of crypto digital collections suggests that a targeted legislation for blockchain digital assets represented by NFTs can be made to protect the property rights bearing on them. Meanwhile, regarding the separation that may occur between an NFT and its underlying digital collections in terms of technology, legality, and intellectual property rights, it is necessary to introduce some off-chain mechanism of centralization and real-name system, to reduce the internal risks of crypto digital collections, thus building a stable legal environment.

Key words: blockchain, smart contract, non-fungible tokens (NFTs), crypto digital collection, Art Law

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