The evaluation of Non-Fungible Tokens (NFTs) within the framework of the law on intellectual and artistic works

This study examines how Non-Fungible Tokens (NFTs) can be evaluated within the framework of the Law on Intellectual and Artistic Works No. 5846. As a unique and non-interchangeable type of crypto asset created through blockchain technology, NFTs have introduced new legal debates, particularly in the fields of digital art and intellectual property. The study analyzes the legal nature of NFTs and the implications they entail in terms of authorship, as well as economic and moral rights. It also assesses the legal aspects of the minting process, copyright infringements related to NFTs, and the disputes that have emerged in this context at both national and international levels. A doctrinal methodology was adopted in the research; the topic was approached from multiple dimensions through literature review, analysis of legislation, and examination of case studies. In the first chapter, the concept of a "work," the rights of the author, and the impact of digitalization on these rights are discussed. The second chapter focuses on blockchain technology, the concept and types of crypto assets, the technical structure and legal nature of NFTs, and compares various approaches regarding their classification as property, negotiable instruments, or intangible rights. The third chapter discusses doctrinal debates on the minting process and whether NFTs can be considered "works" under copyright law; it also analyzes the applicability of the resale right in NFT sales. The chapter concludes with the evaluation of recent prominent legal disputes, which serve as early examples in the field. iv In conclusion, the study finds that NFTs should be clearly defined under the Law on Intellectual and Artistic Works; legal uncertainties concerning ownership rights over NFTs that qualify as works should be resolved; and the resale right should be adapted to the digital environment through legislative amendments. In this respect, the study aims to offer an original contribution to Turkish legal literature by supporting theoretical discussions with concrete case examples.