Journal of Shanghai University (Social Science Edition) ›› 2023, Vol. 40 ›› Issue (5): 89-104.
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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
CLC Number:
D923.41
GAO Yang. On the Setting of Reasonable Duty of Care for Copyrights in NFT Trading Platforms [J]. Journal of Shanghai University (Social Science Edition), 2023, 40(5): 89-104.
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https://www.jsus.shu.edu.cn/EN/Y2023/V40/I5/89