Create a new standard for legal NFT and legal protection for NFT
Tokenart brings a new standard for delivering the art world on the blockchain. It strikes a balance between the traditional "all rights reserved" framework resulting from copyright laws and opensource laws like Creative Commons promoting the free circulation of creations. It helps artist to protect their artworks in all the 177 states signatory to the Bern Convention (https://en.wikipedia.org/wiki/Berne_Convention)
The Tokenart solution gives everyone, from individual creators to large corporations and public institutions, simple and standardized ways to represent copyright permissions on NFTs related to creations.
1st cool thing : Your NFT allow you to claim your IP right in front of a court Indeed Tokenart gives a proof of anteriority over the NFT artwork accepted before a judge. This means that if you suffer from Intellectual Property infringement you can prove your paternity over the artwork and pursue counterfeiters.
2nd cool thing : Your NFT allow you to represent and monetize all or none of your IP right Indeed Tokenart implement a smart questionary asking you which Ip right you want to be represented by the NFT.
Concept and basis of NFT Tokenart standards : NFTR
NFT R. R is for Representative. Tokenart's NFTR standards are based on the logic of representative Titles such as the maritime bill of lading. A title represents rights to something. For the maritime bill of lading, the title - namely the bill of lading - represents a right in a tangible thing - a merchandise. For the NFTR standards, the title - namely the NFT - represents a right to an intangible thing - a creation.
Copyright is divided into a panel of rights. Tokenart allows authors to use NFTs for: 1 - Ensure the authorship of their rights to a work 2 - Represent the panel of rights on NFT to organize their management, protect & monetize it.
Tokenart is aimed both at creators wishing to retain all of their rights and also at those wishing to open in full, in opensource, notably thanks to the Creative Common License.
For the creator wishing to maintain optimal control over all the copyright related to his creation, he can choose to represent them in full via an NFT. Either exclusively, that is to say that if he sells his NFT he will also have sold all of his copyright on his work except moral rights. Or No exclusively, which means that if he sells his NFT then he will share all of his copyright with the future owners of the NFT.
For the creator wishing to open via creative common licenses the sharing of his work but keep for example, the right of commercial use or the right of modification, he can tokenize only one of these rights or both so as to allow anyone wishing to use commercially or share modified versions of his work has only to purchase his or her NFT to exercise this right.
This principle also applies to creators of physical work who want to represent the right of ownership of the physical medium of the work through the NFT. He can choose that only the support (s) will be represented by the NFT.
The solution works worldwide and applies for as long as the creative rights last.
In practice, the creator fills out a questionnaire when he chooses to tokenize a work. First of all, he identifies himself and identifies his work.
Then he specifies if he wants to create
- a traditional NFT, a digital NFT which does not represent his copyright
- a physical NFT, an NFT linked to one of his physical works but which does not represent his copyright
- a copyright NFT, an NFT linked to one or more of its copyrights.
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If he chooses the traditional NFT then the standard will allow him to create one or more NFTs linked to the hash of his work in digital format published via IPFS. If he encounters a copyright issue or if another NFT created on the same digital file as his digital work, the Tokencop will be able to transfer ownership of this infringing NFT to him. He can choose to either destroy it or sell it as well.
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If he chooses the Physical NFT then the standard will allow him to create one or more NFTs linked to one or more physical media of his work, the photo of which will be hosted on IPFS and the physical characteristics in the metadata of the NFT. He therefore agrees to send his physical work when purchasing the NFT. If a problem is encountered is that a person would have purchased the physical work without having purchased the NFT then the tokencop may reassign ownership of the NFT to him.
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If he chooses the legal NFT then the standard will allow him to create one or more NFTs linked to one or more intellectual property rights in a work. If it turns out that one of the owners does not respect the rights requested by the original creator then the tokencop can withdraw his NFT.
Inspired by the movement of creative commons Tokenart created three layers:
1 readable by lawyers It is explained in a language appreciated by lawyers
1 human readable It is explained in a language appreciated by the creators of the non-legal researchers etc.
1 readable by blockchain It translates into code certain requirements specific to the right chosen by the author, such as reserving a percentage each time the NFT is sold
Here are the Tokenart possible combination for NFT copyright representation :
- Digital NFT : TA-DI
Basic NFT for creator artwork. Only the NFT linked to the Digital artwork is represented by the NFT. Nothing change with traditional NFT except that creator register his IP right & benefits of Tokencop protection.
This is totally compatible with CC
- Physical NFT : TA-PH
The NFT only represent the ownership over the physical described artwork. No other Intellectual property right are represented by the NFT. This means that the NFT is linked to the physical creation and the seller engage himself to deliver the physical piece when the NFT is bought.
This is totally compatible with CC
- Exclusively and Totally represented by NFT : TA-ETOTAL
All of the creators right over his creation are exclusively represented by one or more NFT that creator creates.
This is not compatible with CC
- Unexclusively and Totally represented by NFT - TA-UTOTAL
All of the creators right over his creation are Unexclusively represented by one or more NFT that creator creates and he share all the right with the NFT owner.
This is not compatible with CC
- Exclusive right of commercial use - TA-ECU
The commercial use is Exclusively represented by one or more NFT that creator creates and only the NFT owner can exploit it. This means that once creator’s NFT is sold the creator prevent himself to use his artwork for commercial use.
It can be mixed with : CC-BY-NC ; CC-BY-NC-SA ; CC-BY-NC-ND
- Unexclusive right of commercial use - TA-UCU
The commercial use is Unexclusively represented by one or more NFT that creator creates. The commercial use is shared between the creators and the NFT owner. This means that once creator’s NFT is sold he keep his commercial use but share it with any other NFT owners.
It can be mixed with the follwoing Creative Common : CC-BY-NC ; CC-BY-NC-SA ; CC-BY-NC-ND
- Exclusive right of modification and sharing / using modification - TA-EM
The creation modification right is Exclusively represented by one or more NFT that creator creates and only the NFT owner can modify your creation.
It can be mixed with : CC-BY-NC-ND / CC-BY-ND
- Unexclusive right of modification and sharing / using modification - TA-UM
The creation modification right is Unexclusively represented by one or more NFT that creator creates. The modification right is shared between the creator and the NFT owner.
It can be mixed with : CC-BY-NC-ND / CC-BY-ND
- Exclusive right of modification and commercial use - TA-ECU-EM
The commercial use and modification right is Exclusively represented by one or more NFT that creator creates and only the NFT owner can commercially exploit or modify the creation.
It can be mixed with : CC-BY-NC-ND
- Unexclusive right of modification and commercial use - TA-UCU-UM
The commercial use and modification right is Unexclusively represented by one or more NFT that creator creates and he shares the commercial exploitation and modification right with the owner of the NFT.
It can be mixed with : CC-BY-NC-ND
- Exclusive right of commercial use and Unexclusive right of modification - TA-ECU-UM
The commercial use is Exclusively represented by one or more NFT that creator creates and only the NFT owner can commercially exploit or modify the creation. The modification right is Unexclusively represented by one or more NFT that creator creates and he share the commercial exploitation and modification right with the owner of the NFT.
It can be mixed with : CC-BY-NC-ND
- Unexclusive right of commercial use and Exclusive right of modification - TA-UCU-EM
The commercial use is Unexclusively represented by one or more NFT that the creator creat and he share the commercial exploitation and modification right with the owner of the NFT but the Modification right is exclusively represented by the NFT.
It can be mixed with : CC-BY-NC-ND