NFT콘텐츠 거래의 법적 쟁점에 대한 고찰

Recently, awareness and interest in NFTs such as high-priced transactions of NFTs linked to Beeple's artworks and NFT auctions of music and tweets are increasing. By limiting the cheap infinite copy of certain digital content and giving ‘uniqueness’ to the content, NFT suggests the possibility that digital content can be traded as private property beyond the limit of license. Therefore, the basic structure of the transaction advocated by the NFT is that the seller(old owner) can no longer control the NFT once sold, unlike the existing digital content transaction, and the buyer(new owner) will have complete disposition authority over the NFT content. However, under the current law, the legal environment applicable to NFTs is still intellectual property licenses, not transfers of disposition rights based on ownership. In other words, the true intention of the parties to the NFT transaction is 'ownership', but the actual legal treatment is made with 'license'. This discrepancy between the market and the norm may eventually cause unexpected damage to consumers or end users. Therefore, in this study, the types of copyrights and copyright issues applied to the creation and distribution of NFTs were reviewed in order to derive appropriate legal tasks to be applied to NFT transactions. In addition, legal tasks to reflect the true intention of NFT transactions and to protect the transaction safety of content final buyers were derived as follows : First, for NFT transactions, it is necessary to apply the general property transaction law in a limited way. In addition, it is necessary to prepare a plan to secure basic rights for the following NFT end users or consumers, which were not considered in the existing software license-centered transaction practices.: To clearly inform consumers of the important context and reality of the transaction, and to ensure the verification and authenticity of the content linked to the NFT, etc.