NFT 거래의 권리소진이론과 공정이용 적용 타당성에 관한 연구

This study examined the technical characteristics of NFT and the legal evaluation of what the NFT transactions are (Chapter 2). NFT transactions are treated as “licenses” rather than “sales contracts,” so even if NFT transactions were conducted for the purpose of transferring ownership, due to the exhaustion theory, there may be restrictions on the commercial use of legitimate NFT buyers. This legal obstacle can limit the expansion and application of NFT technology. Therefore, in this study, it was demonstrated that it is appropriate to expand and apply the exhaustion theory to NFT transaction with considerations of the technical characteristics and transaction reality of NFT (Chapter 3). As an alternative to securing the stability of NFT transactions, it was demonstrated that the law of fair use can be applied to legal NFT transactions (Chapter 4). Since NFT transactions are a new type of distribution method that maximize the interests of copyright holders, they do not replace the demand for the works. Moreover, They have great public good value that promote the development of related cultural industry by expanding the market or value. Thus, the resale right of legitimate NFT buyers can be protected through the Fair Use.