Several problems that digital cultural and creative NFT cannot be ignored

On April 13, 2022, the WeChat public account of the China Internet Finance Association issued the "Introduction to the China Securities Industry Association of the China Banking Association China Securities Industry Association on preventing NFT -related financial risks". The release of this initiative indirectly expresses the official attitude towards NFT (intangible homogeneous tokens) that has been hot in recent years. The author query the national laws and regulations database found that as of the end of June 2022, there were no systems related to NFT in China. From the ascendant Bitcoin to the hot digital cultural and creative NFT, the virtual currency of "tall" has become a NFT that ordinary people can easily contact. In this process, people are curious about this new technology and new products. At the same time, some issues that cannot be ignored have also appeared.

First of all, NFT currently has only one -one -one -unidirectional and single -selling model in China, that is, only the development of developers or its entrusted organizations is allowed to be sold, while the secondary market is prohibited. This special sales model brings some problems.

The first is the pricing issue. According to the spirit of the relevant meeting of the national cultural relics department, the original data of cultural relics cannot be sold as a limited -edition product. The reason why art is precious or valuable is essential. Museum's digital cultural and creative NFT is generally made for imitation museum cultural relics, presented in a three -dimensional form of virtualization, and its value seems to be mainly ornamental. If the sale of NFT Cultural and Creative is a form of raising funds such as museums and other organizations, it is still convincing, but if the companies participating in the design and manufacturing are speculating through the Internet, it will cause digital cultural and creative prices to be raised to a non -normal level. The bad wind of irrational consumption. You know, under the blessing of blockchain technology, the production of this digital cultural and creative production is not difficult. It can be copied in large quantities after production. It only needs to be engraved on the blockchain at the time of sale to indicate that this piece of culture and creativity It belongs to the related buyers. It is made at a relatively low cost and replicated in large quantities, and then rely on limited sale to attract consumers, and consumers obtain the right to view and collect. This leads to the second question -the issue of ownership. A large number of consumers do not master the relevant blockchain technology, so they cannot fully grasp the ownership of the "collection" they purchased. Once the server or client is invaded, it is likely that the problem of losing collections will occur, that is, the marking of the blockchain is changed, and the buyer will lose its ownership. In April this year, Jay Chou claimed that a large number of NFT was stolen by him was an example.

Secondly, from the perspective of collection, non -trading and purchasing volume is also a problem that digital cultural and creative NFT cannot be ignored.

First, my country is currently banned from opening up the second -level NFT market, because once it is open, NFT will have financial attributes, while my country and even internationally do not have effective tracking methods, which can easily lead to the flood of NFT transactions. Case. Therefore, in the short term, the state cannot open the secondary market for NFT transactions. However, many people collect NFT, a digital cultural and creative purpose of NFT. In addition to appreciation, they also want to sell after the appreciation of the collection. This is equivalent to a kind of investment behavior and conflicts with the current regulations of the country. Second, personal purchase volume should be restricted. Because each NFT has a fixed number of issuance, once the accumulation of accumulation of strangeness occurs, it is likely to cause illegal secondary transactions. Earlier this year, the Winter Olympic mascot "Bingdun Dun" and "Xue Rong Rong" burst into fire. There were ten times the price of high price, and even fake workshops appeared. Compared with the Winter Olympic mascot, the Museum's digital cultural and creative NFT circulation is smaller, and it is only issued once. It is more likely to hoard the accumulation of strange behaviors and stronger harm. Once it is sold privately, the profit is even more than ten times. Related information shows that in June 2022, WeChat seized the public account and applet of multiple NFT secondary transactions. Although the museum digital cultural and creative NFT is banned from secondary transactions, the transfer has not been completely banned. This will appear the possibility of private sale, that is, the transfer on the platform and the private transaction, there is also a great risk of fraud.

Finally, from the perspective of intellectual property rights, there are still many vague areas of NFT.

First, the digital cultural and creative of cultural relics is worth pondering how much the authorized party has. When the cultural and creative NFT development authorization, if the second creation is carried out, the attribution of the intellectual property rights of the second work should be taken seriously. Because the two works have both the innovation of the designer and the reference to the appearance of cultural relics, it should be co -owned by intellectual property rights. How to allocate specific property rights, it should be clearly stipulated in the contract in advance. In the online online, if the NFT development agency or buyers use cultural relics elements in violation of regulations, museums or relevant departments are often difficult to discover in time. Second, whether private collectors can issue NFTs of their cultural relics are also questionable. Personal authorized NFT is very risky because it is difficult to regulate, fraud and money laundering. Once illegal acts occur, the process of obtaining evidence and accountability will be quite difficult. Third, if some agencies fictional cultural relics are available for NFT, should this behavior be defined as a legal basis for fraud and no ready -made. In addition, digital cultural and creative NFT may also have possibility of false marketing. For example, fake famous works for cultural and creative NFT sales, and the popularity of famous masters will cause buyers to be deceived.

In short, relevant state departments should improve relevant laws and regulations as soon as possible to determine the issuance right of digital cultural and creative NFT and the protection of intellectual property rights to prevent illegal transactions and fraud.In this way, we can ensure the healthy and orderly development of the museum's digital culture and creativity.(Author: Wang Aolang; published on July 12, "China Cultural Relics" 6th edition) Editor: Lu Yang Wang Xinyi

Review: Feng Chaohui

Review: Cui Bo

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