Blockchain and Smart Contracts: New Perspectives on Copyright Protection in the Digital Single Market

Abstract

New technologies making use of blockchains and smart contracts have been considered an efficient and innovative way to achieve the goal of effective copyright protection in the digital market. It is impossible to deny, however, that these innovative technologies raise serious questions about their compatibility with international, European, and national legislative frameworks, at least if we compare them with the original and most widely-used blockchain model (i.e., the so-called permissionless blockchain). Indeed, permissionless blockchains create a “law-free zone” resistant to any subsequent modification and judicial intervention. In this general context, this chapter aims to analyse the pros and cons of using blockchains and smart contracts in the context of copyright. It will also attempt to investigate possible legislative solutions at the national and supranational levels aimed at encouraging the use of these innovative technologies to the extent they are compatible with the existing regulatory framework.