NFT of Fine art
This article describes how we handle NFTs of Fine art you can find on our platform and how we handle the legal challenges it poses.

Introduction:

Unlike pure Digital Art, Minting NFTs of Fine art is not a straightforward process. The biggest roadblock of Fine Art being sold as NFT is the copyright issue. According to the law of most developed countries, the creator of the art ultimately holds the copyright to his work. While it is not an issue for traditional art collectors, NFT collectors purchase only a digital copy and don't have the original artwork, thus are not in any viable way protected against the copies. Litigations in such cases are rare and expensive, while outcomes are mostly predictable as per law and in practice.

The buyer of NFT needs to be sure that the author of the art won’t be able to freely mint and sell his artwork’s digital copy.

Why ?

With millions of low-quality, AI-generated NFTs, soulless creations flooded the NFT marketplaces, it is becoming more and more difficult for digital collectors to find, purchase and subsequently sell truly unique masterworks, while spending countless  hours. This experience is truly numbing and discouraging, diminishing the overall value and purpose of the collector.

Buying Fine-art is a completely different experience. Aumso offers a collection of the best artworks from all over the world, that are unique and created by human imagination and years of mastery.

Aumso empowers this experience, by creating a legal framework, that enables  digital collectors to acquire masterpieces and safely and reliably hold and sell their digital copies, mitigating risks and challenges.

Buyer’s NFTs and ownership of Fine-art are strongly protected by the law, while giving the artists the opportunity to live a life of art, increasing the value for the buyer and his collection over time.

Solutions:

Aumso platform offers NFT buyers a few different ways to buy fine art, while protecting their interest:

1.Buying the original, minting it and then destroying the original with a video.

This approach ensures that the author doesn’t have the original and thus cannot prove that he is a creator of the original, mitigating risks of copyright infringement.

Despite this being a common practice, most artists do not favour this option, as burning their own creation is a discouraging act, above all monetary remuneration  they receive. True artists live by art and destroying their creation equals destroying part of their soul.

That is why Aumso do not offer this option and explicitly do not grant copyrights to the purchase of the art on our platform, prohibiting minting of the physical artwork. Copyright, including right to distribute digital copies remains to the author, unless purchased separately.

2. Buying NFT with a contract.

By selling NFT on Aumso, artist signs a legal contract with the buyer and Aumso that is attached to the NFTs metadata and hosted on IPFS (interPlanetary File System) and our documents database. Contract describes the legal implications of selling a digital copy of his work and prohibits minting and further distributing his artwork in a digital form. Artists are still allowed to sell its actual artwork, but this artwork as mentioned earlier, comes with a contract that prohibits buyers from minting and distributing digital copy.  As both transactions are happening on Aumso, all parties are binded by the contract that Aumso is able to enforce as a party.

To make sure that the art is 100% unique and will not be sold, without need to hold an actual painting, buyers of NFT can purchase a physical artwork and donate it to our Art Museum.

In this way, art is preserved and NFT Buyer’s rights are fully protected.

3. Buying Right-to-Own Copyright

This approach is similar to purchasing an NFT, but instead of NFT, the buyer receives a full copyright on the artwork, making him an owner of the creation, rather than a digital copy. This enables him to distribute this artwork in any way, minting on any platforms, selling prints and copies.

While physical artwork is still for sale and can be exhibited by the author or buyer, it is binded by the signed contract, stating the copyright owner.

Conclusion:

Fine-art NFT is much more than just an image. It’s a truly unique creation that not only holds its nominal value, but also a part of the artist's soul. That makes the art more than just another digital holding, it is a spiritual experience that makes the world more beautiful and promotes human creativity and true progress.

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