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Arts & Communication                                             Blockchain and royalties in China’s art market



            that the journey to a fully sustainable blockchain ecosystem   holder’s authorization constitutes infringement, especially
            is far from complete.                              concerning reproduction rights.  However, in jurisdictions
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              This shift to PoS, while a monumental step toward   like China, Terms of Service agreements used by platforms
            mitigating the environmental impact, does not entirely   such as Alibaba or Tencent can help navigate these ethical
            eliminate the carbon emissions associated with blockchain   waters by ensuring that purchasing an NFT not only grants
            operations. The move, heralded by the Ethereum     ownership of the NFT but also includes the copyright of
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            community and detailed in related discussions, highlights a   the underlying work, including attribution rights.
            conscious effort within the blockchain industry to address   In the art industry, blockchain’s ability to automate and
            sustainability issues. However, the residual environmental   enforce resale royalties is a crucial but little-known feature.
            effects underscore the importance of ongoing efforts to   Resale royalties provide an essential source of income for
            develop  more  eco-friendly  technologies  and  practices   artists,  allowing  them  to  profit  from  later  sales  of  their
            within the blockchain and NFT sectors. 102         works. Blockchain technology and smart contracts present
              Blockchain’s  hallmark  of  transparency,  while  a  previously  unheard-of  chance  to  quickly  and  openly
            revolutionary for authenticating the provenance of digital   trace the provenance and sales of artwork, guaranteeing
            art, paradoxically raises privacy concerns and opens   that artists are fairly compensated for any subsequent sales.
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            avenues for sophisticated scams.  The immutable record   However, operationalizing such a system poses its own
            of transactions, accessible publicly, can inadvertently   set of challenges. To mitigate these issues, a multifaceted
            expose transaction patterns and potentially sensitive   approach is essential. First, the development and adoption
            information about market participants. This transparency,   of privacy-enhancing technologies within blockchain
            while deterring some forms of fraud, ironically opens   networks  can  balance  transparency  for verification  with
            avenues for sophisticated scams, where fraudsters exploit   privacy for security.  Techniques such as zero-knowledge
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            public data to craft targeted phishing attacks or manipulate   proofs allow for the verification of transactions without
            market sentiment. 104                              revealing sensitive information, reducing the risk of targeted
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              The  transparent  nature  of  blockchain  might  also   fraud.  Alongside privacy considerations, establishing
            complicate the verification process. While it ensures the   mechanisms for clear ownership and attribution is
            authenticity of digital artworks and ownership through   equally crucial. Such measures ensure the transparent and
            time-stamped  records,  this  very  openness  can  lead  to   verifiable documentation of ownership, effectively tackling
            information overload, making it difficult for participants   the problem of orphan works and ensuring that artists and
            to discern genuine transactions from fraudulent ones   creators  are  rightfully  acknowledged  and  compensated
            without advanced analytical tools.  This transparency can   for their work. In this vein, smart contracts present a
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            inadvertently expose transaction patterns and potentially   robust solution by facilitating the precise definition and
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            sensitive  information  about market  participants,   enforcement of digital rights and permissions.  This not
            complicating the verification process and necessitating   only safeguards the interests of copyright holders and NFT
            advanced security measures and digital literacy. 99  owners but also fosters a trustworthy and equitable digital
                                                               art ecosystem, where the integrity of creators’ rights is
              Furthermore,  the  NFT  market  is  characterized  by  its
            high price volatility, attributed to its speculative nature and   maintained across transactions.
            the liquidity of digital assets. This volatility is not merely a   Second, to combat the risks posed by market volatility
            financial risk but also poses ethical concerns. Uninformed   and speculative trading, educational initiatives are crucial.
            participants, lured by the prospect of quick profits, may   These programs should aim to inform potential investors
            find themselves at the mercy of market manipulations   and creators about the inherent risks of the NFT market,
            and the whims of more savvy investors, exacerbating   including its speculative nature and the potential for
            economic disparities within the digital art ecosystem.    significant financial loss.
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            Addressing these concerns requires a multifaceted strategy   Finally, the establishment of comprehensive regulatory
            that includes privacy-enhancing technologies, educational   frameworks is imperative. Such frameworks should not
            initiatives focused on market risks, and comprehensive   only aim to protect market participants from fraud and
            regulatory frameworks aimed at ensuring fair practices   financial harm but also strive to ensure a fair distribution
            and protecting participants from fraud.            of wealth generated in the digital art market. Regulations
              Moreover,  NFTs  bring  to  light  specific  ethical  issues   could include measures to enhance the transparency of
            regarding  copyright  and  intellectual  property  rights.   platform fees, ensure fair royalty distributions, and protect
            Unauthorized minting of  NFTs without the  copyright   against market manipulation.


            Volume 3 Issue 1 (2025)                         13                               doi: 10.36922/ac.2875
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