What qualification licenses do NFT digital collection platforms need to operate in my country?
Long Yixin'an helped you sort out the following qualification licenses. The digital collection platform needs to compare its own business type to decide which licenses it should have.
(1) Blockchain information service filing
The on-chain and transactions of NFT are inseparable from the blockchain. According to the "Blockchain Information Service Management Regulations", it is necessary to pass the blockchain information service filing management system of the National Internet Information Office (https://bcbeian.ifcert. cn/index) to perform the filing procedures. If the platform also belongs to the blockchain information service provider (such as its own on-chain service), it also needs to perform user information authentication and other obligations.
(2) Value-added telecommunications business license
As a platform for operating Internet information services, the NFT digital collection trading platform needs to obtain a value-added telecommunications business license, that is, an ICP certificate, if it adopts a platform trading model (third-party entry).
(3) EDI certificate: online data processing and transaction processing business
If the NFT digital collection platform operates in a platform mode, that is, it does not directly participate in the issuance and transaction of digital collections, but is provided by third-party settled merchants (similar to the Tmall model), you need to apply for an EDI certificate. If the NFT platform directly issues and sells NFT (similar to JD.com’s own operation), there is no need to apply for an EDI certificate.
(4) Copyright of works (authorization/original acquisition)
Principle: NFT platform operators must obtain the authorization of the copyright owner of the work.
Current Law: Copyright Law
Difficulty and Precautions: Depends on the situation. The pictures, audio, and video involved in the platform need to obtain the permission of the copyright owner. Copying the audio and video without permission, and then reselling or giving it as a gift, violates copyright. The infringer shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. If the public interest is damaged at the same time, the copyright administrative department may order the cessation of the infringement, confiscate the illegal gains, confiscate and destroy the infringing copies, and impose a fine; if the circumstances are serious, the copyright administrative department may also confiscate materials, tools, equipment, etc.; if a crime is constituted, criminal responsibility shall be investigated according to law.
Preparation materials: copyright authorization letter of authorization
Process: The copyright owner signs the legal document for authorization of use.
(5) Online publishing service license
The NFT issued by the NFT digital collection platform is the first publication. For example, a newly completed painting by a well-known painter is issued as an NFT for the first time (the painting has not been published before), then it is necessary to obtain the "Network Publishing Service License".
(6) Auction Operation Approval Certificate
NFT digital collection platforms that carry out NFT commodity auction activities (such as Ali Auction) need to apply for the "Auction Operation Approval Certificate" in accordance with the requirements of the "Auction Management Measures".
(7) Filing of art business units
If the NFT digital collection platform involves works of art (such as paintings, art photography, etc.), it may be necessary to perform filing procedures at the cultural department above the county level in accordance with the provisions of the "Artwork Management Measures".
(8) Internet culture business license (“Wenwangwen”)
According to the "Interim Regulations on the Administration of Internet Culture" and other regulations, if the categories of NFT digital collections include: online music, online performances (programs), online performances, online artworks, online animations and exhibitions, and competitions, you need to apply for " Network Culture Business License". However, in current practice, there is no clear requirement that it needs to be handled, and it is more difficult to handle text and web documents.
Conclusion: Strengthening supervision is a challenge, but also an opportunity. Players who can continue to operate in compliance can finally have the last laugh.