The mission entrusted in November 2021 by Mr. Olivier Japiot, President of the CSPLA, to Mr. Jean Martin, honorary member of the CSPLA, lawyer at the Court, and to Ms. Pauline Hot, rapporteur, master of requests to the Council of State, was to provide an inventory allowing to identify, to analyse and evaluate the phenomenon of NFT (“non fungible tokens” - JNF) in its various legal aspects, in particular through the prism of copyright, in the interest of the various actors concerned and its market.
Some 60 hearings were held to gather the experiences and questions of professionals and organizations having to know JNF.
After having endeavoured to propose a legal qualification of the JNF as close as possible to their technological reality and to examine the many opportunities in terms of modernization and openness that the JNF offer to the cultural sectors, The report notes that the JNF raise complex legal issues including the risk of copyright infringement and the application of resale rights.
The mission, which presented its report to the members of the High Council at the plenary session on 12 July, makes a series of recommendations aimed primarily at informing the public, rights holders and copyright professionals mobilized by the creation and transactions of JNF and calls for the development and promotion of national and European best practices among all stakeholders in order to bring security The European Union’s legal system is necessary for the development of a promising sector of activity. The report also invites to encourage experimentation of JNF-related use cases by public institutions, within the framework of clarified and coordinated strategic guidelines.