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A legal and economic analysis of non-fungible tokens on the art market

This thesis conducts a legal and economic analysis of Non-Fungible Tokens (NFTs) in the art market, exploring the integration of intellectual property rights and the financial implications of these digital assets. It examines the challenges of applying existing copyright laws, such as the right of f...

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Main Author: Chembezi, Titose
Other Authors: Georg, Co-Pierre
Format: Thesis
Language:English
Published: School of Economics 2025
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access_status_str Open Access
author Chembezi, Titose
author2 Georg, Co-Pierre
author_browse Chembezi, Titose
Georg, Co-Pierre
author_facet Georg, Co-Pierre
Chembezi, Titose
author_sort Chembezi, Titose
collection Thesis
description This thesis conducts a legal and economic analysis of Non-Fungible Tokens (NFTs) in the art market, exploring the integration of intellectual property rights and the financial implications of these digital assets. It examines the challenges of applying existing copyright laws, such as the right of first sale and fair use doctrines, to the novel context of NFTs, highlighting the need for enhanced regulatory practices within NFT marketplaces. Proposals include the development of reverse image search technologies to mitigate copyright infringement and foster a more robust legal environment. Economically, the thesis compares the valuation of NFTs to traditional art portfolios, acknowledging the difficulty in assessing their intrinsic value due to subjective perceptions and speculative influences. To counteract speculative volatility and establish more grounded valuations, it suggests the adoption of a hybrid approach that combines the expertise of curators with machine learning models and standardized valuation frameworks. The analysis concludes that while NFTs provide significant opportunities for artists by increasing market access and liquidity, the current environment is fraught with legal uncertainties and economic instability. The thesis advocates for the ongoing evolution of economic and legal frameworks to fully leverage the benefits of NFTs in the art market, ensuring they contribute positively to the sustainability and growth of artists' careers and stakeholders.
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language eng
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license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2025
publishDateRange 2025
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publisherStr School of Economics
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spelling oai:open.uct.ac.za:11427/40824 A legal and economic analysis of non-fungible tokens on the art market Chembezi, Titose Georg, Co-Pierre financial technology This thesis conducts a legal and economic analysis of Non-Fungible Tokens (NFTs) in the art market, exploring the integration of intellectual property rights and the financial implications of these digital assets. It examines the challenges of applying existing copyright laws, such as the right of first sale and fair use doctrines, to the novel context of NFTs, highlighting the need for enhanced regulatory practices within NFT marketplaces. Proposals include the development of reverse image search technologies to mitigate copyright infringement and foster a more robust legal environment. Economically, the thesis compares the valuation of NFTs to traditional art portfolios, acknowledging the difficulty in assessing their intrinsic value due to subjective perceptions and speculative influences. To counteract speculative volatility and establish more grounded valuations, it suggests the adoption of a hybrid approach that combines the expertise of curators with machine learning models and standardized valuation frameworks. The analysis concludes that while NFTs provide significant opportunities for artists by increasing market access and liquidity, the current environment is fraught with legal uncertainties and economic instability. The thesis advocates for the ongoing evolution of economic and legal frameworks to fully leverage the benefits of NFTs in the art market, ensuring they contribute positively to the sustainability and growth of artists' careers and stakeholders. 2025-01-23T09:06:40Z 2025-01-23T09:06:40Z 2024 2025-01-23T08:59:47Z Thesis / Dissertation Masters MPhil http://hdl.handle.net/11427/40824 eng application/pdf School of Economics Faculty of Commerce University of Cape town
spellingShingle financial technology
Chembezi, Titose
A legal and economic analysis of non-fungible tokens on the art market
thesis_degree_str Master's
title A legal and economic analysis of non-fungible tokens on the art market
title_full A legal and economic analysis of non-fungible tokens on the art market
title_fullStr A legal and economic analysis of non-fungible tokens on the art market
title_full_unstemmed A legal and economic analysis of non-fungible tokens on the art market
title_short A legal and economic analysis of non-fungible tokens on the art market
title_sort legal and economic analysis of non fungible tokens on the art market
topic financial technology
url http://hdl.handle.net/11427/40824
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