Copyright and Intellectual Property Protection in NFT Assets: Analysis of NFT Legal Issues and Copyright Protection of Digital Artworks

Abstract

This research examines the protection of copyright and intellectual property in Non-Fungible Tokens (NFTs), with a special focus on digital artworks. The study aims to analyze the relationship between NFTs and copyright ownership, as well as to identify legal gaps in Thailand’s current framework regarding copyright protection for digital art assets.                   A documentary research method is employed, examining relevant laws, theoretical principles, and judicial precedents from both domestic and international jurisdictions. Comparative legal models from the European Union, the United States, and Japan are studied to explore key issues such as ownership, rights transfer through smart contracts, proof of ownership, and cross-border enforcement in digital marketplaces. The findings reveal that NFTs do not constitute copyright by themselves but only serve as a digital representation of ownership over metadata or linked digital content. Therefore, possessing an NFT does not necessarily confer copyright ownership unless explicitly expressed in a contract. The main legal challenges concern the ambiguity of rights, inadequacy of legal mechanisms for revenue sharing from resales, and difficulties in international enforcement. This study suggests that Thai copyright and digital asset laws should be reformed to align with new technological realities, especially concerning blockchain-based ownership and smart contracts. Furthermore, it recommends development of regulatory standards and technological frameworks to ensure transparency, reliability, and fair protection for creators, buyers, and platform operators within Thailand’s growing NFT ecosystem.