The doctrine of harmonious construction under Interpretation of statute
Sydney CHICHE-ATTALI - Financing and producing works and creations through blockchain, NFT - INTERNATION BLOCKCHAIN STAMPEDE SUMMIT
1.
2. Financing and producing works and
creations through blockchain
2021 International Stampede Blockchain Summit
Sydney CHICHE-ATTALI,
Lawyer at the Paris Bar
3. Introduction:
Digitalization of art:
• Difficulties for the economic model of artists and creators
• Streaming (Spotify, Deezer, Netflix, Amazon Prime…)
• Infrigements + Revenue
Covid Crisis:
• Reduced the revenues of authors in the Cultural industries
• The second most affected sector after the aviation industry
Financing and producing works and creations through
blockchain – Chiche-Attali Lawfirm - 2021
4. Introduction:
Definitions:
• Tokens
• Fungibility
• Non-Fungible Tokens
Financing and producing works and creations through
blockchain – Chiche-Attali Lawfirm - 2021
New possibilities to creators for financing
and producing their works + transferring
their IP rights through blockchain
5. I. Financing and producing works
through Crowdfunding, ICO, and
DAO
Financing and producing works and creations through
blockchain – Chiche-Attali Lawfirm - 2021
6. I. Financing and producing works through
Crowdfunding, ICO, and DAO
A. Copyright & Neighbouring rights:
Copyright:
- An artist creates a work
- The author of a work has the right:
- To allow or forbid some economic acts
- To be paid for the exploitation of the work
- Transfer by contract: licensing or assignement
Financing and producing works and creations through
blockchain – Chiche-Attali Lawfirm - 2021
7. I. Financing and producing works through
Crowdfunding, ICO, and DAO
A. Copyright & Neighbouring rights:
Neighbouring rights:
- Professional producer
- Fund and produce the first recording
of a sound, an image, and / or a video
Financing and producing works and creations through
blockchain – Chiche-Attali lawfirm - 2021
8. I. Financing and producing works through
Crowdfunding, ICO, and DAO
B. Crowdfunding / Collaborative financing:
Alternative finance:
- Small amount of money from many people
- 3 types of actors:
Financing and producing works and creations through
blockchain – Chiche-Attali Lawfirm - 2021
The project
initiator
Supporters
The
Moderating
organization
Innovations on Blockchain:
• Artistic and creative projects
• IP assignment and licensing of artwork
• Initial Coin Offering (ICO).
9. I. Financing and producing works through
Crowdfunding, ICO, and DAO
C. Social tokens:
By a brand, a community, or a creator:
Financing and producing works and creations through
blockchain – Chiche-Attali Lawfirm - 2021
Revenues
Community
tokens
Goals:
Exclusive
Content Merchandizing
Implication
and support
Personal
tokens
10. I. Financing and producing works through
Crowdfunding, ICO, and DAO
D. Decentralized Autonomous Organization (DAO):
Rules encoded in Blockchain: Legal Status
Financing and producing works and creations through
blockchain – Chiche-Attali Lawfirm - 2021
Transparent
Controled by the organization
members
Not influenced by a central
governement
11. II. Financing and producing works with NFTs
Financing and producing works and creations through
blockchain – Chiche-Attali lawfirm - 2021
12. II. Financing and producing works with NFTs
A. Non Fungible-Tokens (NFTs):
• Definition: an unique and non-interchangeable object
• Law: No specific legislation
• Uses:
Financing and producing works and creations through
blockchain – Chiche-Attali Lawfirm - 2021
intermediary marketplaces
NFT-minting process
misunderstanding about
copyright
certificate of authenticity
13. II. Financing and producing works with NFTs
B. The Resale Right:
Definition: When a buyer of a work wants to
resale the work to another person, a sum
of money must be given to the artist
Financing and producing works and creations through
blockchain – Chiche-Attali Lawfirm - 2021
Conditions: Inalienable and non-transmissible
Actors: Intermediaries and market professionals
14. II. Financing and producing works with NFTs
C. NFT and license agreement:
Principle: The owner of a NFT does
not have any of the exclusive rights
that belong to the owner of the copyright
Financing and producing works and creations through
blockchain – Chiche-Attali Lawfirm - 2021
Transfer the copyright:
- A written contract
- Complies with the Formalism
15. II. Financing and producing works with NFTs
D. New platforms and tools for IP licensing with NFTs:
A few platforms permit the sale
of copyright with NFT
Financing and producing works and creations through
blockchain – Chiche-Attali Lawfirm - 2021
Goals:
To manage
exploitation
rights of
copyright
To permit
automatic
payment
16. Thank you for your attention
Sydney CHICHE-ATTALI
Lawyer at the Paris Bar
sydney@chicheattaliavocats.com
LinkedIn : Sydney CHICHE-ATTALI
www.chicheattaliavocats.com
Financing and producing works and creations through blockchain