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Ethical and Philosophical Debates on Commodifying Cultural Heritage via NFTs

Wagisha Srivastava, Lloyd School of Law

ABSTRACT
The rise of the Non-Fungible Tokens or NFTs has revolutionized the ownership, representation, and preservation of cultural heritage in the digital age to some degree. Using blockchain technology, it is now possible to tokenize both physical artifacts and intangible elements of cultural heritage, so that NFTs create opportunities for wider outreach of museums, galleries, archives, and other cultural institutions as well as for collecting money for the preservation of culture. However, the deeper NFTs become embedded into the field of cultural heritage, the more serious ethical concerns emerge as well—about commodification, ownership, authenticity, and commercialization.
This paper looks closely at the discussions about turning cultural heritage into something tradable through NFTs by weighing both the possibilities and the barriers tied to adopting them. Using ideas from cultural heritage scholarship, commodification studies, digital capitalism, and authenticity debates, the analysis considers whether NFTs act mainly as instruments for preservation , or instead whether they shift heritage into speculative digital assets. A key focus sits on the tension between heritage as a shared human legacy and heritage being treated more and more like a market good inside online economies.
The paper further digs into the tangle of questions around copyright, who owns what, financialization, and even the possible fading of authenticity that can come with digitization and tokenization of cultural artifacts. In a way, NFTs do seem to open innovative pathways for safeguarding and publicizing cultural heritage, but at the same time, they trigger some pretty basic concerns: like who actually controls cultural memory, how heritage should be appraised or valued, and whether market-based approaches match up with the public and shared character of cultural heritage. All things considered, the research concludes in a dualist approach where NFTs are seen as both an opportunity and a threat and, as such, require an approach that is more nuanced and focused on preservation, accessibility, and ethical stewardship.

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