NFTs: serious or not serious? The NFT specialist lawyer answers you and accompanies you in your NFT projects.
The NFT is neutral in itself, and effective if surrounded by the appropriate IT and legal environment.
This is what the Roquefeuil firm offers you for your NFT questions or your Web 3.0 project
It is indeed on the basis of copyright and crypto legislation that your project can take shape.
For an introduction to NFTs, Web 3.0, cryptos:
If the contract associated with the NFT and carried by the platform is sufficient, the digital quality there, the robust authenticity verification, there is no reason why your NFT art should not be credible.
In the bill under discussion (Bill to promote digital art and protect new forms of artistic creation), the MP recalls this evidence: "As early as the 1930s, Walter Benjamin grasped the upheaval to which artistic creation copes with the rise of photography and cinema: the possibility of reproducing the same work ad infinitum, far from distorting the creation, modifies the relationship of the artist to the support of his work. »
“..now that each individual has personalized access to the internet, has social networks to share their interests and explores the world through a digital device, access to art is experiencing a new wave of democratization. »
“Digital art is not, however, limited to screens. On the contrary, many creations reminded us that art can re-enchant public space, by increasing buildings or endowing common places with new experiences. The Atelier des Lumières in Paris, the Carrière des Baux de Provence, the Bassin des Lumières in Bordeaux or even the Fête des Lumières in Lyon show an overview of the rich and diverse horizons that digital art reveals to us. »
“Digital art thus makes it possible to democratize access to culture for a new audience. »
» Many innovative companies have been created in France which promote new generations of artists. »
Nevertheless, digital art seems insufficiently addressed by tax law and forms of public aid for artistic creation.
Article 150 VH bis of the General Tax Code only provides:
“I. – Subject to the provisions specific to professional profits, capital gains realized by natural persons domiciled for tax purposes in France within the meaning of Article 4 B, directly or through an intermediary, during a transfer for consideration of The digital assets mentioned in Article L. 54-10-1 of the Monetary and Financial Code or rights relating thereto are liable to income tax under the conditions provided for in this article. »
It is therefore planned that the NFTs be attached to the favorable patronage regime and to the tax deductions benefiting the acquisition and rental of works.
The proposal evokes an interesting definition of NFT Art, with reference to cryptocurrencies:
“ “II. – A non-fungible token is considered, under this article and to the exclusion of tokens considered as digital assets within the meaning of Article L. 54-10-1 of the Monetary and Financial Code, as any intangible property and not fungible representing, in digital form, one or more rights that can be issued, registered, stored or transferred by means of a shared electronic recording device making it possible to identify, directly or indirectly, the owner of the said property. » »
NFT project: anticipate risks and legal issues!
For now, the legal framework for these digital tokens is still unclear. However, we
We have examined the questions that the NFT project leader must address:
– NFT tax regime
As we have seen, the taxation of NFTs is still uncertain and its taxation varies according to its
qualification: digital or intangible asset. The legislator has taken up the subject. The NFT lawyer
accompanies you to anticipate changes in tax law.
– NFT and copyright, the lawyer specializing in intellectual property law accompanies you:
The author of the original work remains the owner of the copyright. So, to exploit
commercially the latter, verifications and contracts are to be expected.
On copyright contracts:
https://roquefeuil.avocat.fr/cession-des-droits-dauteur-avocat-propriete-intellectuelle-paris/
Your NFT lawyer carries out a prior art search, makes an inventory of rights, drafts an assignment contract in order to avoid infringement disputes.
– Consumer protection regulations:
NFT issuers must respect the rules of consumer protection, the right of withdrawal, and consumer information.
– Money laundering
As crypto-assets, NFTs can be used as a tool for money laundering and financing illegal activities. Hence the importance of finding out about the origin of the NFT, the reliability of its issuer or platform, etc. Compliance work is required before any transaction.
– NFT and metaverse
Brands are investing in the metaverse. Who has the right to do what in this universe? The nft lawyer secures your contract.
What is the service of the NFT lawyer?
The NFT lawyer is above all an intellectual property lawyer.
Classically, you can expect him to preserve and secure your financial, commercial and patrimonial interests in terms of intellectual property law.
He reviews or drafts your contracts, and assists you in your negotiations with artists, NFT creators, service providers, investors, traders, gallery owners and art dealers, video game studios, platform
NFT, individual buyers of NFT…
The firm Pierre de Roquefeuil, in Paris, specialized in intellectual property and digital law, therefore assists you on questions of project feasibility, drafting contracts (transfer, production), CGV, CGU, sponsorship, blockchain deposits, litigation fraud, competition, counterfeiting…
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