Regulating NFT Marketplaces: A Comparative Analysis of the EU and UK Legal Systems

Non-fungible tokens (NFTs) reached the peak of their popularity in 2021. They are seen as a revolutionary tool that boosts innovation in the EU Digital Single Market and empowers artists to take back control of the use of their works. However, a number of copyright infringement cases have been reported, revealing that NFT platforms might not offer efficient protection to creators. In this light, this chapter addresses the liability of NFT marketplaces and engages in a comparative analysis of the EU and UK legal frameworks, taking into consideration a plethora of case law and legislative instruments from both jurisdictions.