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Non-fungible Tokens: What If?

by International Bar Association

The "Non-fungible Tokens: What If?" session was a featured event at the International Bar Association (IBA) Annual Conference held in Miami from October 30 to November 4, 2022. This session, scheduled for Tuesday, November 1, from 2:30 PM to 3:45 PM, was organized by the IBA's Art, Cultural Institutions and Heritage Law Committee in collaboration with the Technology Law Committee.

The session delved into the intersection of copyrights and smart contracts in enhancing the value of non-fungible tokens (NFTs). Discussions centered on how NFTs, as unique digital assets minted on blockchains, confer properties like scarcity, uniqueness, and proof of ownership to digital works. Key topics included the significance of copyright in the NFT realm, the retention of moral rights by artists, and the monetization avenues for digital assets previously undervalued online. The session also addressed the security of smart contracts governing these rights, highlighting challenges such as the absence of international standards, security and privacy concerns, and issues related to transparency and anti-money laundering measures.

The session was chaired by Anne-Sophie Nardon of Borghese Associes, Paris, and Nicholas O'Donnell of Sullivan & Worcester, Boston. Esteemed speakers included Louise Carron from Klaris Law, New York; Dr. Franco Losi of Cinello, Florence; Megan Noh from Pryor Cashman, New York; Lucian Simmons of Sotheby's, New York; and Martin Wilson from Phillips Auctioneers, London. Their collective expertise provided attendees with a comprehensive understanding of the evolving legal landscape surrounding NFTs.

This session was particularly beneficial for legal professionals, artists, digital creators, and technology enthusiasts seeking to grasp the legal implications and opportunities presented by NFTs. Attendees gained valuable insights into the complexities of digital asset ownership, the role of smart contracts, and the emerging regulatory frameworks affecting the NFT market.

Speakers(8)

Anne-Sophie Nardon

Co-Chair, Art, Cultural Institutions and Heritage Law Committee at Borghese Associes

Anne-Sophie Nardon is Co-Chair of the Art, Cultural Institutions and Heritage Law Committee at Borghese Associes in Paris, France.

Dr. Franco Losi

Cinello

Dr. Franco Losi is associated with Cinello in Florence, Italy.

Louise Carron

Klaris Law

Louise Carron is associated with Klaris Law in New York, New York, USA.

Lucian Simmons

Sotheby's

Lucian Simmons is associated with Sotheby's in New York, New York, USA.

Martin Wilson

Phillips Auctioneers

Martin Wilson is associated with Phillips Auctioneers in London, England.

Megan Noh

Pryor Cashman

Megan Noh co-chairs the Art Law group at Pryor Cashman LLP, a mid-sized US firm with offices in New York, Los Angeles, and Miami. Her clients include individual collectors, artists, galleries, auction houses, non-profits, estates, and fiduciaries. Megan brings a well-rounded approach to her negotiation of auction and gallery consignment and private sale agreements, museum exhibition loan agreements, credit facilities backed by artwork collateral, artist-gallery representation agreements, appraisal and advisory engagement agreements, and other art market transactions. As part of her contentious matters practice, Megan counsels industry stakeholders about their statutory and contractual enforcement rights, including advising artists on rights of first refusal, resale profit sharing, and unauthorized image uses, and litigates related copyright and artists rights issues. She has been recognized as a leader in her field by publications ranging from Chambers and Partners to Art She Says, and is regularly quoted by art industry and mainstream news publications for her insights on art law questions. Before joining Pryor Cashman, Megan practiced at a well-known art law boutique and was also in-house counsel for a major international auction house.

Nicholas O'Donnell

Co-Chair, Art, Cultural Institutions and Heritage Law Committee at Sullivan & Worcester

Nicholas O'Donnell is Co-Chair of the Art, Cultural Institutions and Heritage Law Committee at Sullivan & Worcester in Boston, Massachusetts, USA.

Ronald Frankl

Event Details

Date
November 1, 2022
Location
🇺🇸 Miami, United States
Miami Beach Convention Center
Audience
Legal professionals, artists, digital creators, technology enthusiasts

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