Blockchain technology and Non-Fungible Tokens (NFTs) in museums: legal considerations

New technologies, particularly blockchain and non-fungible tokens (NFTs), are profoundly transforming the cultural and artistic sectors. Museums are actively responding to this shift by adopting advanced digital tools that enable more engaging, personalized, and innovative visitor experiences. Through the integration of NFTs and immersive technologies, museums can extend the boundaries of cultural participation beyond the physical space, allowing users to interact remotely or gain access to exclusive content such as private exhibitions, supplementary materials, and virtual events. NFTs also allow museums to offer limited digital editions of artworks to collectors around the world, fostering new communities and business models based on digital ownership and participation. These emerging opportunities demand a reevaluation of how artworks are protected, enhanced, and enjoyed in digital environments. However, for stakeholders to adopt these tools with confidence, several challenges must be addressed. This study, grounded in the Italian legal framework, investigates key legal issues including copyright law, image rights of cultural assets, and the role of Online Dispute Resolution (ODR) mechanisms in resolving disputes that may arise in NFT transactions. Additionally, the study examines the fiscal implications linked to the creation and commercial use of NFTs by companies. In a context marked by regulatory uncertainty and diverging legal theories, our research reviews prevailing interpretations and, pending legislative action, proposes a preliminary legal framework. This framework aims to ensure that the creation and transfer of NFTs via smart contracts can be carried out in a transparent, secure, and legally coherent manner, fostering greater trust in the digital transformation of the cultural heritage sector.