11 THE ITALIAN LAW JOURNAL NO. 2 (2025)

 

Digitization of Art, NFTs, and Tools for the Circulation of Creative Works

by Emanuela Andreola

The purpose of this paper is to examine the effects of the digitization of creative works on both the subjective right of access to culture and art and the new modes of exchange in the digital market for artistic works. When digitization becomes crypto-art and creations are represented by NFTs, the question arises as to whether the contractual instruments of circulation on blockchain platforms can adequately protect not only the right of the contracting party but also copyright in the event of the production of fake tokens. Finally, the cryptographic language used to express the information contained in the token requires special computer expertise, which, by excluding a portion of the user audience lacking specific technological ability, could create a digital divide between those who have knowledgeable access to blockchain platforms and those who are unable to understand the contents of negotiating transactions on art tokens, especially when it comes to ascertaining the authenticity of the digital artwork.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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