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Why Am I Not Able to Claim the Copyright of My NFT Art?


www.coinspeaker.com 08 January 2022 01:45, UTC
Reading time: ~6 m

Have you heard of NFT art, or are you among those who know nothing about this term? Over the past 6 months, talks on non-fungible tokens have been going round the blockchain market making headlines on media outlets like CNN and Twitter among others.

The topic has been very explosive so much so that many people are asking themselves what NFT art entails and what it actually means. Starting with the basics, you need to know how to define NFT art before you can understand why it may be impossible to reserve copyright despite having bought it. Once you have these facts, then you can navigate online to view the NFT projects that are underway.

What Is NFT Art?

Short for non-fungible tokens, NFTs are digital assets existing solely within the digital universe and are therefore untouchable. Nonetheless, it is possible to own NFT art in the form of an article, artwork, meme, or music piece among other digital collectibles. It is impossible to swap an NFT even if what you are swapping it for is off equal value. This makes it similar to an investment as the value may either rise or fall depending on the prevailing situations at that time.

NFT Ownership Is Different from Ownership of the Underlying Digital Asset

It is imperative that those who purchase non-fungible tokens know that while owning digital assets is made possible by means of owning NFT, these digital assets remain downloadable, viewable, and may be enjoyed by others who acquire the digital assets. This means that buying the item does not enable any express, rights, or implied in the NFTs. Purchasing a non-fungible token can therefore be looked at as buying a unique art print that has been signed by the artist who created it. However, it is possible that other people may also own similar (identical) prints, though in its unsigned form. Even so, the artist reserves the copyright to the item or product, a fact that all buyers must know before the purchase.

The Purchase of an NFT Art Does Not Transfer Existing Copyright in the Digital Work

To be able to confer copyright of a product to the purchase, one is compelled to acquire an express written assignment, which may be contained as part of the Smart Contract applied in minting the NFT. On the off chance that the purchaser wants copyrights, then due diligence must be conducted and integrated in ensuring that the contract bears all the desired rights. Failure to do this means that the buyer does not have any authority to use the digital asset for commercial purposes, neither is s/he allowed to distribute it nor involve it in any forms of endorsement, sponsorships and any other commercial purposes.

Copyright Infringement: To Copy, Display, or Mint a Digital Artwork

The fact that NFTs are accessible and exist in a digital state exposes it to the risk of existing NFT art copyright. Similar to other pictures online, non-fungible tokens are presented within digital frames, printed to be physical, and is sharable across different online avenues among other translations. This happens once the work has been accessed through links shown during related transactions.

Such an infringement can be interpreted as the owner of the copyright bears the authority to do so for as long as they have been permitted or qualify for a fair dealing consideration. Most people have the belief that it is possible to sell their art or mint it in the form of a non-fungible token. However, this would violate or infringe the underlying copyright since they are able to share the work in so doing. Moreover, they would be converting it to a publicly accessible form absent any authorization.

How NFTs Affect Copyright Owners

It is common knowledge among NFT buyers that the sale never includes the conferring of existing copyright to the buyer regardless of whether it serves off-chain. In selling a tangible (printed or in its physical form) of creative work, say art, the existing copyright transfer only extends to the most recent owner of the copyright or right to that point where the creator is concerned. The ownership contains distinct rights such as the preparation of imitative works, the mandate to reproduce work, showcasing this work in public, copy distribution, and the public performance of work.

Effect of Transferring a Freshly Minted Sub-edition on the Copyright Holder

The concern lays in the way in which transferring minted sub-edition affects the holder of the copyright. Questions like whether there will be a new case of fraud for copyright owners are valid. The way in which such a case would increase the copyright owners to a single copyright so that many of the public would have never accessed is also a crucial concern. In the recent past, it was established that the popularity of non-fungible tokens has indeed grown, an outcome that has made it more difficult to provide solutions to the concerns mentioned above. As such, one may be compelled to exercise patience to see how the wave of market growth blows.

Categorizing NFTs

An NFT can be classified as an imitation or copy of an authentic piece or artwork and depends on one or many pre-existing works. These pre-existing works may be an art production or exist in another different form. It presents one of the ways through which the work may have been transformed, re-casted, or adapted. As stipulated by the copyright laws of the United States, a copyright holder is the only person with the mandate for transferring the original version of a work to a non-fungible token.

How to View NFTs in Different Platforms

The public can easily view NFTs on different platforms because this public viewing is important to copyright owners. When the public views such work, it goes a long way in helping to identify potential unauthorized imitations or copies. This is because it keeps them from adding to the constantly growing list of avenues for monitoring unapproved works. These issues are useful for when it comes to identifying the importance of implementation techniques that may or may not be basic solutions. There is also potential for it coming to effect as copyright owners will be compelled to monitor the platforms of NFTs.

Aspects to Come

Platforms that feature NFTs provide artists with many possibilities through which they can acquire resale royalties on sold artwork. It may be too soon to make any comments concerning how NFTs will affect the market given that international as well as domestic copyright laws are in play. Currently, there are many typical obstacles to copyright the presence of owners with certain added advantages.


Selling NFTs has potential for transforming the whole creative space. The discovery of NFT markers is an indication that the onset of innovative concepts that still bears no interests to the modern generation. Nonetheless, steadily an increasing number of people are developing interest in NFT, expressing the desire to learn more about the field. NFT marketplaces allow the artists of these works together with designers to upload their material online and make them available for sale in the form of digital artworks. The leading platform is the ideal place to keep current with all the NFT projects being developed. However, prior to developing an NFT, you must develop a cryptocurrency wallet because this is very crucial. Hopefully by now you know why it is impossible to claim NFTs even after you have purchase.

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