Abstract
The emergence of Non-Fungible Tokens (NFTs) has significantly impacted the enforcement of intellectual property (IP) rights, particularly in the digital environment. NFTs enable the creation, transfer, and monetization of unique digital assets such as artwork, music, and virtual goods, raising new legal challenges for IP protection. Among various IP concerns, copyright law is the most directly implicated in NFT-related disputes. While existing copyright frameworks remain broadly applicable, they require refined interpretation and targeted regulatory adaptation to address blockchain-specific issues such as pseudonymity, decentralized ownership, and cross-border enforcement. This Article focuses exclusively on copyright law, examining its applicability to NFT transactions and digital ownership. Through a comparative analysis of the United States, European Union, United Kingdom, and China, it highlights jurisdictional approaches and emerging legal precedents. It also evaluates the role of smart contracts in enforcing copyright and proposes targeted reforms, including clarified marketplace responsibilities, safeguards against pseudonymity, and international legal harmonization to address the challenges of decentralized, cross-border digital ecosystems.
Recommended Citation
Aparna Vaitla,
RESOLVING CROSS-BORDER NFT DISPUTES: JURISDICTIONAL APPROACHES, SMART CONTRACTS, AND PROPOSED SOLUTIONS,
21 Wash. J. L. Tech. & Arts
(2026).
Available at:
https://digitalcommons.law.uw.edu/wjlta/vol21/iss2/5
Included in
Computer Law Commons, Contracts Commons, Entertainment, Arts, and Sports Law Commons, Intellectual Property Law Commons, International Law Commons, Internet Law Commons, Property Law and Real Estate Commons