Promises and Perils of NFT, DLT and AI in managing IPRs

The research aims to study, from a legal and interdisciplinary perspective, the positive and negative effects for the management of intellectual property rights resulting from the use of new technologies, with specific regard to NFTs (Non-Fungible Token), DLTs (distributed ledger technologies and blockchain) and AI (Artificial Intelligence) systems.
In the current economic scenario, new business opportunities are emerging for creative cultural enterprises (newly established or even pre-existing) that, operating on digital platforms, offer new goods or services through the aforementioned tools or systems (audiovisual, music, crypto-art, or videogames production or distribution companies), with the intention of valorizing and monetizing their intangible assets.
The challenges facing Intellectual Property in the immediate future, therefore, require the resolution of a number of legal issues, still unanswered by legislators (European and Italian), on which this research will focus.
• The regulation of disintermediated management of Intellectual Property Rights through distributed registries (blockchain) as an alternative to collective management of copyrights through collecting societies.
• The admissibility and regulation regarding the use of NFTs with different purposes: i) titles that incorporate and identify IPRs (software, video games, musical or cinematographic works); ii) reproductions of works of art, already fallen into the public domain or still covered by copyright.
• The protection of works created by AI systems in the market circulation of cultural goods and inventions (possibly patentable) made by such systems.
• The regulation of crypto assets used in transactions on DLTs, in light of the new European MICA regulation.
• The issue of environmental sustainability of DLTs with respect to ESG objectives and the (new) duties and responsibilities of corporate bodies of the companies that use them, with respect to the EU architecture of Corporate Social Responsibility (CSR).
• The issues of private international law, in transnational disputes related to IPRs and European law.

Università degli Studi di Bari Aldo Moro - P.I. Prof.ssa Francesca Vessia
Università degli Studi di Catania - Responsabile di Unità - Prof. Roberto Pennisi"

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pubblicato il 20/10/2023 ultima modifica 07/03/2024