2022

CryptoArt : la Blockchain dans le champ artistique

During this transversal course entitled "Understanding digital technology: part 2" given by Mr. Yanniv Benhamou, we wanted to develop a project related to Crypto-art under the supervision of Mr. Thomas Gauffroy-Naudin. Thus, we produced a deliverable in the form of a table to present the various marketplaces of NFTs and their specificities. The goal being to easily understand the differences that can be found between the NFT selling platforms, and thus orient yourself on the market that suits you best according to the user profile that you want to be in the crypto-art world.

The goal of this project is obviously to speak to the widest possible range of people, so we also wanted to define, in our own words, some of the terms found in digital art. It is obviously important to remember that given our modest knowledge of the subject, our information is to be taken with hindsight and represents only the gateway to a universe so large and infinite in terms of creativity. Therefore, we invite anyone interested in NFTs to go further in terms of research as our work is not exhaustive. Finally, concerning the legal dimension of CryptoArts, we would like to emphasize that we have based ourselves on a Swiss legal framework. This will necessarily limit the reception of our deliverable internationally, but it is still relevant for anyone who has an interest in the digital art world.

AAA (American Arbitration Association)

The American Arbitration Association (AAA) is a not-for-profit organization in the field of alternative dispute resolution, providing services to individuals and organizations who wish to resolve conflicts out of court, and one of several arbitration organizations that administers arbitration proceedings (Wikipedia)

Applicable law

Law according to which the dispute will be settled. 

If no applicable law is given and the injury occurs in Switzerland, Swiss law offers certain guarantees as with personality rights.  cf. Lugano Convention (civil law) and LDIP.

At someone's discretion

At their disposal, at their mercy, in their power.(Larousse)

B2B SaaS platform 

B2B SaaS stands for "business-to-business Software-as-a-Service". It allows NFTically users to create their own "white label" NFT Store or NFT Hub with minimal technical skills. 

Blockchain

Technology for storing and transmitting information without control (def wikipedia)

A blockchain is a database that contains the history of all exchanges made between its users since its creation. This database is secure and distributed: it is shared by its various users, without intermediaries, which allows everyone to verify the validity of the chain. (def www.blockchainfrance.net).

Buying fees

Fees associated with the purchase of an NFT allocated to the marketplace by the user.

Community-first NFT marketplace

Users of the marketplace are getting benefits by using the marketplace, so the fees go to its users. This means that 100% of the NFT Marketplace fees will be distributed to the Token holders who are actively staking.

Cryptowallet

Cryptocurrency wallets keep your private keys (i.e. the passwords that allow you to access your cryptocurrency) safe and accessible. They also allow you to send, receive and spend cryptocurrencies. (def www.coinbase.com) 

DMCA (Digital Millenium Copyright Act) :

A U.S. copyright law that exempts from liability online service providers who promptly remove content or messages posted by users suspected of infringing a copyright upon receipt of a notice of claimed infringement from the copyright owner or its legal representative.

Exclusion of liability/responsability

This is a statement that a person or company may sometimes make in a contract, on a poster, ticket, receipt or elsewhere. Its purpose is to exclude or limit its liability if you suffer damage while using its services, facilities, property, etc … (éducaloi.qc.ca)

Gas fees

Fees which are used to compensate miners for the energy required to verify a transaction and to provide a security layer to the crypto-currency network.

JAMS

Formerly known as Judicial Arbitration and Mediation Services Inc is a United States–based for-profit organization of alternative dispute resolution (ADR) services, including mediation and arbitration

License

A contract under which the owner of a good, process, patent or trademark grants a right of use to a person or company. The license agreement (or licensing agreement) represents this contract. It describes precisely the context and the terms of use, as well as the conditions of payment by the licensee of the royalty linked to the license. (emarketing.fr)

Marketplace

Sales platform for digital works that connects creator and buyer. Exchanges are secured thanks to blockchain technology and use cryptocurrencies.

Mint

Minting an NFT means converting digital data into crypto collections or digital assets recorded on the blockchain. The digital products or files will be stored in a distributed ledger or decentralized database and cannot be edited, modified, or deleted.

Non-Fungible Token (NFT)

A 100% virtual token with the particularity of being unique that is produced via the Ethereum blockchain system for the most part.

Platform moderation

Type and degree of moderation on a platform. Can be automated via algorithms or managed by a platform team directly.

Royalties

Commission received by the artist each time a work is (re)sold.

Selling fees

Costs associated with the distribution, marketing and sale of an NFT allocated to the marketplace by the user.

Smart contract

A smart contract is a self-executing contract with the terms of the agreement between buyer and seller being directly written into lines of code. The code and the agreements contained therein exist across a distributed, decentralized blockchain network. The code controls the execution, and transactions are trackable and irreversible.

Staking

The purchase of NFT generates royalties over the long term.

The act of granting one crypto-assets to any cryptocurrency protocol and earning a reward in return. (def Faiver)

Wash-trading

Wash trading is a process by which a user buys and sells with the express purpose of providing misleading information to the market. (def www.investopedia.com)

White label

A white label is a service or product designed by a company (the producer), which other companies (the "distributors") take over and market under their own brand.

Comparative NFT Marketplaces

 

DISCLAIMER
 

The table was made by students of the Comprendre le Numérique program of spring 2022, and does not guarantee a perfect accuracy. This work is purely indicative and should not be taken as official legal advice. Also, the general conditions of use of the platforms change frequently, and some points may become irrelevant with time.

Membres du groupe
  • Inès Abidallah, Faculté de Droit
  • Ambre Aebi, GSI
  • Méissane Nouassi, GSI
  • Sarah Herren, Etudiante libre
  • David Caraça, GSI
  • Loris Charlaix, SDS
  • Tiago Dos Santos, GSEM
  • Hamid Jolou, GSEM
  • Maxime Mandot, GSEM
  • Aryé Zafrany, GSEM
Encadrement
Partenaires

Coordination

Prof. Yaniv Benhamou, Responsable du cours

Seth Médiateur Tuyisabe, Assistant d'enseignement et  de recherche


Mention légale

Cours transversal : comprendre le numérique, Aryé Zafrany, Ambre Aebi, David Caraça, Hamid Jolou, Inès Abidallah, Loris Charlaix, Maxime Mandot, Méissanne Nouassi, Sarah Herren, Tiago Dos Santos, Thomas Gauffroy-Naudin Licence CC-BY