#NFT Copyright Lawyer in Paris

An NFT, or “Non-Fungible Token”, is a unique digital token recorded on a blockchain and usually linked to a digital or physical object. The ledger keeps the history of the token’s transfers; it does not, on its own, prove the authenticity of the associated work or who holds the copyright in it. Find out how Hashtag Avocats, our Paris law firm, which acts in NFT and copyright matters, can assist you with the issues raised in this field.

What is an NFT?

An NFT is a non-fungible token, recorded on a blockchain, which refers to a physical or digital asset and makes it possible to track who holds it.

Regulation (EU) 2023/1114 on markets in crypto-assets (MiCA) excludes from its scope crypto-assets that are unique and not fungible with other crypto-assets (Article 2(3)). A truly unique NFT therefore falls, in principle, outside this regime. Issuing tokens in large series or in fractions may, however, reveal fungibility and bring the token within the scope of the Regulation (recitals 10 and 11).

The non-fungibility of an NFT sets it apart from cryptocurrency: a cryptocurrency token is interchangeable with another token of the same kind, whereas an NFT is unique. A token can be linked to many kinds of assets, digital or physical. Most often, NFTs are linked to works of art protected by copyright.

The legal definition of an NFT is uncertain and the rules that apply to it are unclear.

To avoid the pitfalls that issuing NFTs can involve, it is useful to seek advice from a lawyer who acts in this field.

What does copyright protect under French law?

Copyright is a branch of literary and artistic property. Under Article L111-1 of the French Intellectual Property Code (in French) (Code de la propriété intellectuelle, CPI), the author of a work enjoys, by the mere fact of its creation, an exclusive intangible property right enforceable against all persons.

The author holds two types of rights: moral rights and economic rights.

• Economic rights give the author a monopoly over the exploitation of the work: the author can prohibit or authorise any exploitation by a third party. These rights can be assigned, subject to strict formalities: the assignment must be recorded in writing, and each right assigned must be mentioned separately, with its scope, purpose, territory and duration (Articles L131-2 and L131-3 of the CPI).
• The author’s moral rights include the right to respect for the author’s name, authorship and work, the right of disclosure, and the right to reconsider or withdraw the work (Articles L121-1, L121-2 and L121-4 of the CPI).

The arrival of NFTs in the copyright landscape opens new prospects both for rights holders and for potential infringers.

To make the most of your copyright and understand its scope, feel free to contact our firm, Hashtag Avocats.

Why use an NFT and copyright lawyer?

The rise of NFTs raises many legal questions about copyright, in particular regarding their creation, use and sale. NFTs raise new challenges in intellectual property, personal data protection and tax.

Reason	Detailed explanation
Protecting your rights	Copyright: A lawyer can help you identify and protect your copyright in your NFT creations. This includes drafting contracts and licences so that your rights are respected. Intellectual property: A lawyer can help you address the complex intellectual property questions linked to NFTs, such as ownership of the original works and of derivative rights. Infringement and piracy: A lawyer can help you fight infringement and piracy of your NFTs and enforce your rights in the event of a breach.
Legal compliance	Regulation: A lawyer can help you comply with the regulations that apply to NFTs, including data protection and tax laws. Smart contracts: A lawyer can help you draft and audit smart contracts to check their legal validity and strengthen their security. NFT platforms: A lawyer can help you understand the terms of use of NFT platforms and negotiate contracts with them.
Strategic advice	Project development: A lawyer can help you develop your NFT project by advising you on best practice and helping you identify potential risks. Marketing: A lawyer can help you market your NFTs effectively and comply with the laws on advertising and marketing. Dispute management: A lawyer can help you manage NFT-related disputes, whether as claimant or as defendant.

Who is this NFT and copyright legal service for?

This service offered by our law firm, Hashtag Avocats, in Paris is aimed at:

• Artists and creators of digital works who wish to sell their creations as NFTs;
• Collectors, investors or simply buyers interested in the opportunities offered by NFTs;
• Platforms or technology solutions offering NFT-related services.

A lawyer who acts in matters of NFTs and copyright helps you answer these questions, while protecting your interests in a changing market.

Which legal issues does this NFT and copyright practice cover?

Intellectual property

One of the main legal issues surrounding NFTs concerns copyright and intellectual property. Our lawyer will help you determine precisely the scope of the copyright in a digitised work and protect your intangible assets.

Privacy and personal data

Transactions carried out on the blockchain are often traceable, which raises questions about privacy and personal data. Our lawyer will inform you about the different regulations in force in this area and help you put in place the measures needed to ensure that your activities comply with them.

Tax

Selling NFTs can have significant tax consequences for their owner and their creator. You need to know the tax rules to avoid tax reassessments. We will help you anticipate these issues and determine the steps to take.

Contracts and licences

Creating or acquiring an NFT may require specific contracts or licences. Whether it is a sale contract, a user licence or a collaboration agreement between artists, our lawyer helps secure your transactions by drafting documents suited to the particular features of each situation.

Hashtag Avocats in Paris: how we assist you with NFTs and copyright

Our law firm, Hashtag Avocats, in Paris has a team of lawyers who act in copyright, intellectual property and new technologies, enabling it to offer its clients tailored assistance with NFTs.

We constantly monitor regulatory and case-law developments relating to NFTs, so that we can answer your questions and meet your needs in matters of NFTs and copyright.

Contact us to discuss your project and get advice from experienced professionals.

Every situation is different: the information on this page is general and does not replace legal advice tailored to your case. The firm makes no promise of outcome; it commits to the means it deploys.