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ARTICLE · 19 OCTOBER 2021

What are NFTs and what are the legal considerations?

Article explores what NFTs are and some legal considerations for this new digital asset.

AustraliaTechnology

Australia's first Non-Fungible Token (NFT) gallery recently opened in Hobart with an exhibition showing digital artists from around the world. NFTs have exploded in popularity during the COVID-19 pandemic. In Australia, platforms such as OpenSea and Nifty Gateway are becoming much more popular for selling and purchasing NFTs. So you might be asking, what exactly are NFTs? And what is all the hype about? This article will explore what NFTs are and some legal considerations for this new digital asset. The legal considerations are relevant to anyone interacting with NFTs, whether it be trading platforms, creators, buyers, creators or sellers.

What Is an NFT?

An NFT is a non-replicable digital certificate of a digital asset. 'Non-fungible' means unique and cannot be exchanged on a like for like basis in contrast to fungible assets like money. Each NFT cannot be divided or replaced but can be re-sold. In some ways, it is similar to Bitcoin. However, Bitcoin has units

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