Culture, Art, Intellectual Property: Benefits of Smart Contracts and Blockchain
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Larisa V. Sannikova, Yuliya S. Kharitonova
Larisa V. Sannikova
The article deals with the problem of using blockchain in the field of intellectual property. The project of creating blockchain platforms is aimed at restoring the status quo in the sale and distribution of intellectual property in digital form. These are decentralized platforms on the blockchain for selling copyright with fair conditions, attractive incentive mechanism, low commission and full control of content, price and type of license for authors. On blockchain platforms for buyers and sellers, each uploaded object (text, photo, slide, etc.) is linked to the author via a transaction through the blockchain. This relationship cannot be deleted or changed in any way. A clear advantage for all users of copyright is the use of smart contracts, self-executing contracts. The analysis of cases of blockchain technology application has shown that a smart contract should be considered as a legal fact (a complex legal structure including a number of transactions) that generates legal consequences. The use of smart contracts will ensure the formation of a fair market and will benefit the cultural industry as a whole, as the opportunity to increase income will be an incentive for authors to work more and better. The article describes the principal arguments about intellectual property rights as mechanisms for promoting the public interest, as opposed to particular private interests. Public interest arguments typically feature in balancing accounts of intellectual property rights that evince concern for the distribution of benefits as well as for the production of new works or inventions. Both public and private interests in the field of intellectual property can be realized by using smart contracts.
Culture, intellectual property, smart contract, blockchain