NFT (Non-Fungible Token) are digital assets whose uniqueness has been confirmed on the blockchain. It is used as a work of art, music, video, gaming asset. Its legal nature is still unclear.
Ownership Issue
NFT purchase is often the purchase of "digital certificate of the work"; does not transfer copyright. The original right to use the work does not pass to the NFT buyer (unless otherwise stated in the contract).
For FSEK
- The copyright of the work remains with the creator
- NFT is a kind of use document
- A written contract is required for copyright transfer (FSEK m.48)
Tax Size
- Continuous NFT buying and selling → commercial income
- One-time collection movement → controversial
- Minting (producing) NFT → taxation according to the value of the work
KVHS Regulation
NFTs are defined as "crypto asset" within the scope of Law No. 7518 enters. The license requirement for NFT marketplaces to provide services in Türkiye is controversial.
Fraud Risks
- Wash trading (the same person bidding high for his own NFT)
- Rug pull (the project owner takes the money away)
- Phishing (wallet emptying)
Expert support in the field of crypto law is recommended.