Blockchain as a technological means of ensuring copyright protection of the results of intellectual activity

Pakhomov Valeriy Nikolaevich Postgraduate student; Department of Civil Law Disciplines; Syktyvkar State University named after Pitirim Sorokin 83 Tentyukovskaya str., 45 sq., Syktyvkar, Komi Republic, Russia, 167005 valeriy-pakhomov@yandex.ru Other publications by this author

Introduction. The level of technology development is a significant factor in changes in the regulation of public relations, since advanced technological innovations create opportunities for more effective protection of the interests of participants in civil turnover, in particular, in the protection of their intellectual rights. The emergence and widespread use of blockchain technology could not but affect almost all areas of human life that are associated with the storage and processing of information. The legal protection of intellectual property results is also closely related to the need for information support for their turnover, which makes it possible to use blockchain as an effective technological tool for the transfer of intellectual rights. To date, the mechanism of legal regulation in the field under consideration has noticeably lagged behind the level of development of modern technologies. Legal innovations in the field of intellectual property protection do not fully cover all the variety of forms and methods of using blockchain technology to protect copyrights. These circumstances make it necessary to study the issues of improving legislation in this area.

The nature of blockchain as an independent technology. Blockchain as a separate form of information storage and processing is a relatively new technological phenomenon. Its spread has occurred in recent decades due to active efforts to create new ways to ensure the security of financial transactions, user identification in the digital environment, and other aspects of cybersecurity. The advent of the blockchain has made it possible to solve the problem of imperceptibly making changes to databases that accumulate large amounts of information, which is quite traditional in the field of information security. Thanks to this technology, it turned out to be possible to create a continuous chain of information blocks, making changes to any of them leads to automatic changes in other information blocks. As a result, any change in the distributed database becomes apparent to an outside observer, which makes it possible to achieve the necessary level of security and protection against unauthorized outside interference. The emergence of the blockchain has opened up new prospects for information protection in various fields of human activity, since copies of "block chains are stored and processed independently on different computers" ^{[14, p. 85]}.

The possibility of using blockchain as a technology for ensuring copyright protection of the results of intellectual activity is also conditioned by the need to protect the originality and inviolability of the author's work. Originality is the quality of this work, which can have several meanings. Traditionally, in the framework of the civil doctrine, originality is considered to be a quality that reveals the novelty of the author's creative contribution. However, in addition to this meaning, originality can also mean uniqueness, or even non-copyability of a work. The protection of an author's work from unauthorized copying is extremely important in the context of the distribution of digital works of art.

Throughout a long period of history, the creation of any author's work was primarily associated with the need to fix it on some material medium, which served as a means to confirm both the fact of creation and the originality and even ownership of this work. The proliferation of digital objects has significantly complicated this task, since copying them does not pose any serious technological difficulties. This circumstance actualized the search for new means of ensuring the inviolability of works created in digital form, since the system of "digital economy presupposes the existence of such a regulatory platform that could ensure safe property turnover" ^{[2, p. 70]}.

A digital work can be recorded on a tangible medium, which provides an opportunity to control each copy of the product. On the Internet, where every file can be copied without counting, this approach provides artists with a way to protect their copyrights, turning each copy of a work into something valuable and unique, since "in the digital world there are no objects of rights, there are only digital rights, and only binding rights" ^{[1, p. 55]}.

The participant's ability to enter information into the blockchain – in particular, to make all transactions with cryptocurrency – is determined by access to a specific address. Such access, regardless of its form (login and password, electronic signature certificate, etc.), represents certain information owned by the blockchain participant. Without this information, that is, without access, it is impossible to perform actions within the framework of the blockchain. Since neither the court nor the creditor can obtain the information necessary for access, it becomes impossible to encroach on the cryptocurrency without the consent of its owner. To this, it is necessary to "add the possibility for authors to protect their intellectual property and commercialize it through NFT tokens" ^{[3, p. 8]}.

Blockchain technology has made it possible to overcome this problem in two ways. On the one hand, thanks to the technology of a replicated distributed data registry, it is possible to convert any copyright object into digital form, regardless of its primary carrier. This allows you to ensure the accuracy of information about the place, time of creation and authorship of the work of art. On the other hand, thanks to blockchain technology, it turned out to be possible to organize the turnover of copyrighted works in the information environment. This is achieved by creating work tokens, which can be used to enter information about the created work through a decentralized system of blockchain platforms. A new stage in the development of blockchain technology was the possibility of converting copyrighted works into tokens, which represented a new stage in the development of cryptographic tokens as a unit of account, which was an entry in the register distributed in the blockchain chain.

Forms of using blockchain technology in the field of copyright. Historically, the concept of a "token" (from the English "token" – a sign, symbol, token) was associated with a metal token, which usually had a coin-like image and was used as a substitute (equivalent) for fiat money. The development of blockchain technology has made it inevitable that a special accounting unit will appear, which can be a digital expression of the balance in some asset. In other words, the token, as an example of the use of blockchain technology, began to be seen as the equivalent of securities in the digital world. Since "blocks are constantly being added, but never deleted, a chain of them can be qualified as a data structure for addition only" ^{[10, p. 149]}.

Classical cryptographic tokens were interchangeable, that is, an object's property by which it could be replaced with an absolutely similar object. Non-interchangeability gave cryptographic tokens the property of uniqueness, which made it possible to use them as a certificate confirming the title of the owner in relation to a certain digital object. Almost any information can be expressed as a token (a non-cryptocurrency accounting unit designed to represent a digital balance in some asset) using a cryptographic signature. Any such token can be stored in the blockchain ^{[2, 12, 17]}.

In the field of copyright, tokens can represent a number of different elements. Firstly, they can be a copy of a protected work. This representation can be made at the time of creation (for example, a digital camera or a word processor can generate a token during the expression of the work) or subsequently by the copyright holder or an authorized third party. Secondly, tokens can be a record of a remote object call for protected content. It is important to take into account that "the blockchain does not guarantee the reliability of the information placed in it, but only the immutability of the information generated within the chain itself" ^{[7, p. 32]}.

A token is a digital accounting unit that acts as a way to represent a digital balance in a particular asset. It can be anything from virtual currency to shares in a company or intellectual property rights. The main feature of the token is its ability to provide digital security and verify that its owner has a certain number of assets thanks to blockchain technology. The possibility of tokenization of real assets (the process of replacing a confidential data element with a non–confidential equivalent - a token, the introduction of a "token") opens up new horizons in the fields of financing and investment, allowing any values to be converted into digital form and traded on commodity markets ^{[4, 18]}.

Tokens act as a tool that promotes the creation of new economic relations and models of interaction between market participants. The functional flexibility of tokens and their ability to adapt to specific requirements make them an ideal tool for implementing a wide range of projects, ranging from the creation of decentralized financial services to solutions in the field of digital identification and access control to services. Interchangeability is the quality of a token, the absence or presence of which is a criterion for their classification. Interchangeable tokens can serve as a means of providing access to various services, act as shares or credit funds. Along with them, non-fungible tokens (English non-fungible token, NFT) developed quite quickly, which have a unique nature - each NFT token cannot be replaced by another. NFT tokens are not a means of payment in the traditional sense of the term due to the lack of a direct equivalent, although this does not detract from their value as tools for digital identification and proof of uniqueness.

The peculiarity of NFT is that each such token is endowed with a unique set of characteristics and cannot be replaced with another token on an interchangeable basis, unlike standard cryptocurrencies. This makes NFT an ideal tool for verifying ownership or authorship of digital objects, whether they be works of art, collectibles, or even rare virtual goods in video games. Content creators can use NFT to protect their copyrights and generate income from the sale of their works on specialized platforms. At the same time, buyers receive a unique and inimitable token, which serves as confirmation of their rights to own a digital object. This eliminates the possibility of "information destruction as a result of a technical failure, since all data is stored by several users at once" ^{[8, p. 1455]}.

NFT tokens stimulate new forms of creativity, allowing artists, musicians, and other creators to monetize their works in the digital space. In recent years, digital art, authenticated and stored using blockchain technology, has become increasingly popular among collectors and investors. NFT tokens are crypto assets that have actively established themselves in the digital asset market due to their uniqueness and the ability to confirm authorship and ownership.

In the Russian Federation, the concept of a token at the legislative level is associated with the field of cryptocurrencies and blockchain technologies. A token is considered as a specific accounting unit that is important for providing a digital representation of the balance sheet for a particular asset or for accounting for interchangeable digital assets. There are currently no special legal regulations in Russia governing the turnover of NFT tokens, which creates certain risks and uncertainties for market participants. This becomes particularly relevant in situations where the buyer purchases a token that grants claims to a third party, such as the right to access services performed through the blockchain system ^{[11, 16]}.

Using the potential of the blockchain chain to register transactions with NFT, a continuous register of ownership is being created, which serves to confirm ownership and to record the history of its transfers between users. Although the acquirer of the NFT token obtains ownership of the token itself, the rights to the underlying digital work and its use remain with its author. The transfer of these rights to the token buyer is determined by the terms of smart contracts, which may include various restrictions and powers. When creating an NFT, issuers can use smart contracts to implement conditions regarding the payment of royalties. This means that with each resale or other use of the token, the original creator or the specified third party can automatically receive a percentage of the transactions. Such a platform "should be an online service where both copyright holders and users can register" ^{[9, p. 252]}.

In this regard, NFT tokens can be considered as accessories and documents related to the product, the absence of which is the basis for the buyer's refusal of the product (art. 464 of the Civil Code of the Russian Federation). The accessories to the product include all the necessary documentation that confirms the quality and origin of the item. The NFT token is superior to traditional authentication methods, because blockchain technology provides an immutable, tamper-proof history of ownership and origin of a thing. This makes NFT tokens part of the documentation related to the transferred item, which potentially expands the understanding of the accessories provided in the form of digital assets. Therefore, "it is necessary to approve concepts related to blockchain technology at the legislative level, for example, a distributed registry and a token" ^{[6, p. 86]}.

Let's consider the legal framework for the use of NFT tokens as a form of substantiation of the legitimacy of the copyright holder's title, the authenticity of the work and its origin. As you know, a non-interchangeable token is a kind of unique code with a limited validity period, which is issued after user authentication and is used when interacting with participants in the information exchange system. Limiting the possibility of reselling a file through NFT highlights the uniqueness of smart contracts as exclusive rights management tools in the digital environment. This represents a departure from traditional approaches to the distribution of digital goods, providing authors with innovative ways to control their works after initial distribution.

An NFT token containing an original work is protected by copyright in accordance with the norms of the Civil Code of the Russian Federation. Intellectual property rights associated with this work are protected on an equal basis with works distributed in physical form. Thus, the author of a work related to the NFT token reserves all exclusive rights to use, copy and distribute it, unless other conditions for these rights were initially established when creating or selling the token.

The purchase of an NFT token does not automatically transfer the exclusive rights to the work associated with the token to the buyer. The process of converting a work into an NFT token implies that the creator or copyright holder should be able to freely dispose of the original, including its reproduction, distribution and public display in the digital token format. In addition to the digital object, the token may include rights to physical property, if this is provided for by the terms of the token creation. This assumes that the NFT token is handled in accordance with the general principles of property and obligation law. The turnover of the NFT token is subject to the preservation of information about the creator inside the unique code of the token. This prevents illegal reproduction and distribution of a digital object, which is a significant advantage in the digital age, where content easily loses its connection to the original source. With the help of NFT tokens, the original work acquires a unique identifier that cannot be forged or deleted, which makes it possible to exclude unauthorized copying and distribution ^{[13, 15, 19]}.

However, such a context of considering the legal nature of the NFT token, of course, narrows its essence. In the legislation, it is customary to distinguish the following types of documentation related to the product – technical documentation, certificates, transport and commodity documents. The symbolism inherent in NFT tokens makes them something more than just belonging to a thing. The essence of the NFT token also allows us to look at it as an experimental tool in legal practice, providing opportunities for the protection of copyrights and other related rights. This technology allows "copyright holders to effectively protect and use the result of their intellectual activity simultaneously in several countries" ^{[20, p. 124]}.

Thus, the NFT token, registered in the blockchain registry, is a modern solution for proving ownership and authenticity of goods, making the purchase and sale process more transparent, secure and efficient. The use of this technology provides reliable protection against counterfeiting and fraud, while at the same time easing the burden of proving the fulfillment of obligations between the parties. This use of technology undoubtedly contributes to the displacement from the market of specialists who traditionally perform the functions of experts certifying the authenticity of a thing and the legality of its origin. Being recorded on the blockchain, the data about the work becomes available for viewing and verification to everyone.

The use of NFT tokens in civil circulation allows the seller to provide evidence that the object being offered for sale is the original, and also establishes a continuous history of its ownership. Thus, the NFT acts as a digital certificate that is registered in a transparent blockchain database, ensuring the verification of the authenticity of the product at all stages of its existence. The use of NFT tokens is changing the paradigm of interaction between market participants, displacing traditional trusted third parties such as notaries or certification authorities, which were previously required to ensure the guarantee and security of transactions. Now, thanks to the blockchain, the seller and the buyer can directly confirm transactions without the need for external confirmation, which significantly reduces the possibility of data falsification and simplifies the process of transferring ownership.

Conclusions. Blockchain technology can be used to create public registers of copyright objects that will contain information about the created work, the existence of legal disputes regarding these works, as well as other information that will reflect the main characteristics of the work as an object enjoying copyright protection. The legal basis for the functioning of such a registry may be a mechanism for publishing copyrighted works in the blockchain system, the legal regulation of which will be based on unified state standards for posting information about copyright objects in a distributed database. These databases will be managed by the operators of the blockchain platform, who have the rights to create and manage such registries.

The creation of such a registry is possible in both single and multiple versions. If there are several registers of copyright objects, it is advisable to create mechanisms that exclude the possibility of duplication of the same work. Blockchain technology allows you to confirm the authenticity and uniqueness of a copy of a work, but does not grant the buyer of the token automatic rights to use the work outside the framework established by the copyright holder.

Thus, comprehensive solutions aimed at verification and confirmation of authorship are needed to strengthen trust and protect the rights of NFT token buyers. These measures include pre-verification of authors, the use of blockchain technologies to ensure that documents on the creation and ownership of NFTs cannot be forged, as well as the development of transparent feedback and rating systems that can help buyers make an informed choice. To ensure users that the NFT token is actually issued by the author, there are several solutions. One of the most reliable methods is to use the services of a notary public, who can officially confirm the creation of a work of art or any other object presented in the form of an NFT by its author.