IBA Annual Conference Miami 2022

30 Oct - 4 Nov 2022

Room 232, Level 2

Session information

Non-fungible tokens: what if?

Tuesday 1 November (1430 - 1545)

Room 232, Level 2
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Art, Cultural Institutions and Heritage Law Committee (Lead)
Technology Law Committee


How do copyrights and smart contracts increase the value of non-fungible tokens (NFT), the new digital media asset? What are mere lines of code minted on a blockchain, represent a living digital work on the internet. These new assets are making it possible for creators to imbue physical properties like scarcity, uniqueness, and proof of ownership to digital assets. So is copyright a valuable right here? Do any moral rights remain with the artist? There are new methods and means of monetisation of items that were previously lost to the depths of the internet. But how secure is the (smart) contract covering these rights? NFT’s have brought to the fore the value of smart contract, nevertheless, many challenges remain, specially the uncertainty of international standards, security and privacy issues, and concerns about transparency and anti-money laundering. What safeguards do NFTs warrant?

Session / Workshop Chair(s)

Anne-Sophie Nardon Borghese Associes, Paris, France; Co-Chair, Art, Cultural Institutions and Heritage Law Committee
Nicholas O'Donnell Sullivan & Worcester, Boston, Massachusetts, USA; Co-Chair, Art, Cultural Institutions and Heritage Law Committee


Louise Carron Klaris Law, New York, New York, USA
Ronald Frankl
Dr Franco Losi Cinello, Florence, Italy
Megan Noh Pryor Cashman, New York, New York, USA
Lucian Simmons Sotheby's, New York, New York, USA
Martin Wilson Phillips Auctioneers, London, England