Digital art and law

The data security of the blockchain or the nature of the place where the data is stored is actually an admission. Who owns the internet? The answer is this moment story. This story aside, it is possible to raise new questions in terms of data security with NFT. There is no guarantee that those who come to me about cryptocurrencies will not come to me with their qualified design and patented inventions.


Many of us couldn’t make sense of the phrase “the world is now a global village”. We have left this word behind with the invention of the Internet… Internet, “the new world we are looking for in the sky”; brought it to our feet. It continues to deliver. As digitalization takes on new dimensions, one of our agendas is NFT… “Non-Fungible Token” with its popular name in English, Qualified Intellectual Deed in its Turkish form… It is an internet-based system that is clear that it will not be our “last stop”. With this system, digital products can be registered and become salable assets. This opportunity is realized with the “digital certificate” issued by the system. In this article, we would like to discuss this issue and especially its legal aspect.

What’s the basis?

“Blockchain” is the basis of NFT! It’s an advanced database mechanism that allows information stored on computers in an enterprise to be exchanged openly. The blockchain database assembles and stores information in interconnected blocks with what is needed on its own operating or other integrated networks. Parts of the blockchain cannot be deleted or changed unless there is consensus at the operating time. The system, which seeks “consensus” for the progress of the transactions, determines who, how and when did the data in chronological order; Stores it in a format to show the contents of the transaction. The automatic conclusion of the transactions made and linked to each other is subject to their sequential and correct approval.

So, let’s explain it simply: How do we know that a property belongs to us? Where do we get this from? Of course, from the land registry offices… We enter our e-government and look at the record. Because what did we do when we bought this place? We went to the title deed as buyers and sellers. While signing the deed, he transferred the money to the seller and took the deed on us. Many transactions are like this. Working, transferring money, making a contract at a notary public, etc… These all require a “approval or registration authority”. Thus, the right ownership of the parties and the transaction are registered… This means that this “approval or registration” authority is self-executing in an independent and protected system, the official registration is replaced by the digital one; Instead of the administrative approval authority, it is the “block chain” technology where the certification is done automatically by the database. The system has the meaning of eliminating the need for public authorities in this direction.

traditional database; Data protection comes to the fore with its use, storage and system leaks. Blockchain replaces the traditional database approach with a new model. The infrastructure of “crypto assets”, which started to be used for the first time in 2009 and has increased in popularity in recent years, is derived from the blockchain system. We can imagine with blockchain: Imagine there are multiple nodes on a string. Each node is a block (where the information is held) and a chain (data line) if the string is complete. In order for each node to work, the previous one must be clear and the parties must “agree”. Thus, data storage is not basic, but in parts, separately… It can instantly connect with passwords that recognize each other.

We can say that the blockchain has five basic principles or features: (i). It offers a dank storage opportunity, it does not keep all the data in one place. (ii). It puts a transparent criterion between dms, that is, blocks, for the parties, this means a reliability. (iii). It is independent, it can provide data transfer in accordance with the “consensus” condition without the need for a central structure or system. (iv). The added record/data cannot be updated, deleted and permanently stored, even if it is attacked, many elements of the record still survive. (v). In the blockchain system, data transfer can be carried out by knowing the address of the blockchain without specifying the DMs identity, the address produced belongs to the person holding it. As such, it is a “verification” and “recording” tool of digital production.

uses

The most well-known example of the “white” type is cryptocurrencies. Types entered as “private”, that is, with a specific password or assignment, have begun to be used in financial systems. In addition to these two types, there is a “mixed” type that everyone can access at a certain level and some people can enter privately. The most important example is the “Hyperledger” project, which set out with the aim of creating inter-industry cooperation by allowing blockchain-based projects to interact. The aim of this ongoing project is to build the main artery for the use of blockchain. Blockchain technology has started to be used in the fields of finance, banking, health, recording, betting, money transfer, international payments, e-commerce, business analysis and development. In addition to these, we were introduced to the system that will make our lives easier with smart contracts. Smart contracts embedded in blockchains allow the terms of a contract to be automatically enforced without the intervention of a trusted third party. The first known smart contract is the crypto money system known as “Bitcoin”.

digital art…

Now there is such a genre of art. It is possible to “encrypt” a literary work, painting, song lyrics, documentary script as NFT in an “immutable” way, to be stored by means of the blockchain. Or, it may be possible to produce such a work in a completely digital space. This proof and production area is also important from the legal point of view. Many issues that are the subject of lawsuits by the authors of the work will either be resolved without any need for this evidence tool or the lawsuits will be made very short. Because now, from the moment of its creation, conversion and creation, it will be turned into NFT and will allow it to be registered on behalf of its owner. Another dimension is about copyright. By encoding a smart contract to a produced NFT, it is possible to enable users to use it for a fee, to make it free for a certain period of time, and then to become a paid one. NFT will be able to transfer a share to its owner in the sales of a painting after the first sale. Let’s say you are an architect and you have designed a house. A design that can be adapted with artificial intelligence according to the plot of those who want to do this. You may be able to sell it as NFT. By customizing it to anyone who wants it in a short time, and…

We read from the news that this guarantor has been sold for serious prices. A 10-second video of Beeple’s “Crossroad” (poplar), which shows pedestrians walking past a lying Trump statue, sold for $6.6 million. A digital avatar of “CryptoPunk #7804”, described as a “pipe smoking alien” known as the digital Mona Lisa, was sold to an unknown investor for US$7.5 million. Another avatar “Ape Fedora #6965” found a buyer with a high price. A 3D model of a house named “Mars House” designed by Krista Kim was sold as a “digital add-on” for $500,000 as NFT. The digital portrait of the Fyre Media logo “Gucci Ghost” is another example… “Kings of Leon, announcing that he plans to release his first album as an NFT”, “presenting the rights of part of the arm of tennis Oleksandra Oliynykova with a lifetime NFT” are interesting examples…

What awaits us?

We can say that our country is “in close follow-up” regarding NFT. Many meetings, meetings, conferences are held. For example, NFT Summit, which has a large market share, was held this year. The presentation of Turkey’s tourism destinations as NFT is the most well-known work of Tark Tolunay called “pandemic”, which was followed by Eminn, Historical Galata Bridge and Karaky. The most recent development is the conversion of the photograph, signed by Atatrk right after the Anakkale War, into a “digital work of art” by NFTization. Of course, it is possible to replicate the examples and spread them to different areas. It is necessary to understand the “uniqueness guarantee” that NFT offers. Because the answer to the question “what awaits us” depends on knowing what it brings us. Consider the Mona Lisa painting. This table, which is the only example, is unique. So it’s priceless… You can take a picture of the Mona Lisa painting, create a video recording, go and study it for hours, or even buy a printed copy poster and hang it in your home. However, the original of this work is one and will not change. NFT artifacts are similarly unique. In other words, an NFT cannot be exactly the same as another in the world. NFTs, on the other hand, seem like we will experience the ordinaryness of uniqueness, just as everyone has become able to do e-commerce with the Internet, or just as everyone has become “informative” through social media. Another situation will be that everything that has “value” will be transformed into a work of art… Of course, there will be good and bad in this regard, but it is clear that building a medium where everyone can produce will bring disadvantages as well as the benefits we have mentioned above!

Legal risks

The data security of the blockchain or the nature of the place where the data is stored is actually an admission. We searched for an answer to this in our previous articles: Who owns the Internet?… The answer to this is the story of this moment. This story aside, it is possible to raise new questions in terms of data security with NFT. There is no guarantee that those who come to me about cryptocurrencies will not come to me with their qualified design and patented inventions. Another issue is the absence of a legal infrastructure protecting NFT. This digitally protected situation is now legally regulated within the scope of intellectual property. There is no legal reason to own an NFT. Although this is accepted for the internet world, there is no defined and clear area for now. This too needs to be handled meticulously, once its market has reached this maturity… The biggest risk of NFT is to confuse as it may be subject to different and often conflicting laws due to the absence of a specific manager (just like the vulnerabilities we didn’t know at first, like the internet, but now we see). jurisdiction raises problems. It is clear that NFT will need a common law text, a contract in the near future. …

I think that fake NFTs, that is, producing NFTs of things that do not belong to them, will come to us as a “new forgery” type. Another risk is that fraudulent events that we are used to in the digital field are also present in the NFT market… We can say that even though transactions are made through the blockchain, fraudsters also invested millions of dollars in this market: “A computer hacker in England, the world-renowned street art artist Banksy “He organized an NFT auction on his official website and sold a fake non-art piece for £244,000. The Banksy team told the BBC that no work of his art was included in an NFT auction.” Let’s close our article with the words of Meltem Demirrs, the manager of CoinShares, which analyzes the digital asset market and offers investment opportunities: “NFTs are a bubble? No, essentially an asset is a bubble”.

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