Introduction

The exponential growth of digital content in music, film, literature, and visual arts has intensified the challenges of copyright enforcement. Traditional copyright management systems often suffer from inefficiencies, lack of transparency, and jurisdictional limitations. In response, blockchain technology has emerged as a potential solution for copyright tracking, offering immutability, decentralization, and global accessibility.

This article explores the legal validity of blockchain-based copyright tracking systems, examining their promises, challenges, and the evolving legal framework.

Blockchain as a Tool for Copyright Management

Blockchain technology provides several advantages in managing intellectual property rights:

• Immutable Records: Once recorded, copyright ownership information cannot be altered.
• Timestamping: Blockchain can establish proof of creation and priority through verifiable timestamps.
• Transparency: Rights holders, users, and licensing authorities can access the same verified data.
• Smart Contracts: Automated licensing and royalty payments can be executed without intermediaries.

These features make blockchain attractive as a potential global ledger for copyright protection.

The Legal Recognition of Blockchain Evidence

The central question is whether blockchain records have legal validity in proving ownership and infringement.

• United States: Courts have accepted blockchain evidence in certain contexts, though it is not yet codified as definitive proof of copyright ownership.
• European Union: The EU Copyright Directive does not explicitly recognize blockchain, but member states are exploring legal frameworks for digital rights management.
• China: Chinese courts have explicitly recognized blockchain records as admissible evidence in copyright disputes, setting an important precedent.

However, blockchain does not inherently create rights—it merely records data. Copyright ownership still derives from statutory law, not technological registration.

Challenges of Blockchain-Based Copyright Systems

1. Authenticity of Input Data: Blockchain ensures immutability of records but cannot verify whether the submitted work truly belongs to the claimant (“garbage in, garbage out” problem).
2. Jurisdictional Fragmentation: National copyright laws differ significantly, making global blockchain systems legally uncertain.
3. Conflict with Existing Registration Systems: In countries where copyright offices maintain official registries, blockchain records may lack recognition unless integrated.
4. Privacy Concerns: Publicly storing copyright metadata on blockchain may raise data protection issues under laws such as the GDPR.
5. Enforcement Gap: Even if blockchain proves ownership, enforcement still relies on traditional legal proceedings.

Case Studies and Emerging Practices

• Music Industry: Initiatives such as the Open Music Initiative and Mycelia Foundation explore blockchain for fair royalty distribution.
• Publishing: Startups use blockchain to track digital book sales and prevent unauthorized distribution.
• Visual Arts and NFTs: Non-Fungible Tokens (NFTs) showcase blockchain’s potential in proving provenance, though they raise separate legal concerns about ownership versus tokenization.

Policy Considerations

For blockchain copyright tracking systems to achieve legal validity, several policy measures are needed:

• Official Recognition: Legislators may need to explicitly recognize blockchain records as prima facie evidence of ownership.
• Integration with National Registries: Hybrid models combining blockchain with government systems could enhance credibility.
• International Cooperation: Treaties or WIPO guidelines could harmonize recognition of blockchain-based copyright records.
• Regulation of Smart Contracts: Legal frameworks must ensure enforceability of automated royalty systems across borders.

Conclusion

Blockchain technology has the potential to revolutionize copyright tracking by providing transparency, immutability, and efficiency. However, its legal validity depends on integration with statutory copyright frameworks and international recognition. Without legal harmonization and safeguards against fraudulent claims, blockchain alone cannot guarantee copyright protection. The future of copyright enforcement may lie in a hybrid model where traditional law and blockchain technology complement each other to create a more reliable global copyright system.