Non-Fungible Tokens As Evidence Of Copyright Ownership- Blockchain As A Legal Tool
- IJLLR Journal
- Nov 13, 2025
- 2 min read
Govind Sudarsan, Student, BA.LLB. (Hons.), School of Law, Sastra Deemed to be University, Tamil Nadu, India.
Pon Shakthi Krishnaa, Student, BA.LLB. (Hons.), School of Law, Sastra Deemed to be University, Tamil Nadu, India.
ABSTRACT
The emergence of non-fungible tokens (NFTs) raises significant challenge for the core of copyright law, especially regarding the requirement of originality in copyright as copyright itself is based on two important features like originality and fixation. Although NFTs are often positioned as proof of ownership for digital assets, their legal status concerning copyrights remains ambiguous. Especially regarding their connection to copyrights, as there is a widespread misconception that purchasing an NFT automatically confers copyright ownership. While legislation is still developing, courts largely apply traditional laws to NFT related cases, such as those involving copyright infringement, this helps to establish the legal precedents, but the overall legal landscape remains in a state of flux. This paper critically examines the gap between the transactional nature of NFTs and the legal standards of copyrights protection, focusing particularly on the role of originality in copyright law. The paper argues that the blockchain technology behind NFTs offers a albeit unconventional, legal tool by offering an immutable, time stamped record of an asset’s creation and subsequent chain of custody, the blockchain can serve as compelling prima facie evidence of creation, helping creators establish ownership and priority over copyright disputes. It can be particularly transformative in digital media, where proving the time of creation has been a significant obstacle. It also delves into the complex issue of licensing and derivative works, examining the legal validity of rights and licenses embedded in small contract. This framework would clarify the distinction between token ownership, copyright ownership, formalize the evidentiary value of blockchain records, and address the legal and jurisdictional challenges in a global decentralized ecosystem.
Keywords: Non- fungible tokens, copyright, blockchain, infringement, smart contracts.
