Los derechos de autor en el contexto de la era digital. La necesidad de protección de los NFT en la legislación ecuatoriana

Abstract

This research forms part of the law field; the study aims to analyze copyright in the digital era context, considering the need for the protection of Non-Fungible Tokens (NFTs) in Ecuadorian legislation through an exhaustive review of the legal framework related to copyright as well as NFTs, which have emerged as an innovative solution in protecting copyright in the digital area. There is no ordinance in Ecuador concerning copyright, but the study highlights the regulation of non-fungible tokens in the Constitution of the Republic of Ecuador in 2008 and the Organic Law Reforming to Various Laws for the Development, Regulation, and Control of Financial Services (2022). Among the study's main conclusions is the copyright protection that encompasses all works of ingenuity and creativity, both in the literary and artistic fields, regardless of genre, form of expression, merit, or purpose. Copyright in the digital age context poses unique challenges and opportunities due to the ease of reproduction and distribution of digital content. Most NFTs follow specific intelligent contract standards. It is relevant that the prevention of the risk of transactions made using NFT technologies is noted in the Ecuadorian legislation.