AC
Anasayfa Makaleler IT Law

NFT (Non-Fungible Token) and Copyright Protection

26 Şubat 2026 IT Law 3 dk okuma 11 görüntülenme Son güncelleme: 8 Mayıs 2026

NFT (non-fungible token) is the token that marks uniqueness on the blockchain. The most common misconception from a legal perspective:The NFT buyer does not buy the work/art; only owns the token.

  • NFT is a token (similar to a digital certificate).
  • The token is not the work itself — it contains a reference to the work's "metadata"
  • As a rule, copyright does not pass to the NFT buyer.
  • The buyer may obtain certain usage rights according to the terms of the contract.

FSEK Application No. 5846

  • Financial rights (FSEK art.21-25): Reproduction, dissemination, representation, transmission to the public — can be transferred by contract.
  • Moral rights (FSEK art.14-17): Non-transferable (ownership, permission, deformation).
  • NFT transaction only provides "ownership of tokens" without transferring financial rights.
  • An express and written contract is required for copyright transfer.

Typical NFT Transaction Types

  • Token only: Buyer receives the token; No right to display/reproduce.
  • Limited use: Personal display + sharing on social media.
  • Commercial use: Use in advertising, product (private contract).
  • Full copyright transfer: All financial rights to the work (rare, additional fee).

The Problem with Counterfeiting/Unauthorized Mint

  • Posting someone's work as an NFT without permission — copyright infringement.
  • Content removal via complaint system in marketplaces such as OpenSea and Foundation.
  • Turkish judiciary: 5846 FSEK art.71-72 imprisonment and fine.
  • Buyer unjust enrichment + compensation for damages.

Supreme Court — Expected Approach

The Supreme Court 11th HD and relevant chambers apply 5846 FSEK criteria in NFT transactions; If the transfer of financial rights is not clearly regulated in the contract, the transfer will be deemed not to have taken place and the rights of the author will be protected. In case of unauthorized minting, cancellation + compensation is expected.

Auction Law and NFT

  • NFT auctions (Christie's, Sotheby's) may not be subject to Turkish auction provisions.
  • International private law applies to foreign transactions.
  • In case of dispute, the authority of the Turkish court is questionable.

Practical Advice — For the Buyer

  • Review the smart contract conditions (if there is a contract text).
  • Verify that the author is actually that person (blue tick, official channel).
  • Make a clear written record of what rights are granted.
  • If you want to transfer copyright, sign an additional agreement.

    • Practical Advice — For the Artist

  • Write clearly the financial rights limits before mint.
  • Issue Royalty (% commission on each sale).
  • Track mints without permission.
  • Protect your copyright.

    • The NFT legal framework is evolving. Intellectual property and IT law lawyer recommended.

    Telif bildirimi This content and all related Q&A texts are protected under Turkish Copyright Law No. 5846. Unauthorized copying, reproduction, publication, adaptation, bulk extraction, or commercial use is prohibited; legal and criminal remedies are reserved in case of infringement.

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