NFT Copyright Issues: What You Really Own in 2025

Non-Fungible Tokens (NFTs) have taken the art world by storm, creating a new market for digital assets. But the rapid rise of NFTs has also created a host of complex legal questions, particularly around copyright. Many people who buy NFTs are surprised to learn that they may not actually own the copyright to the underlying artwork. This guide explores the most pressing **NFT copyright issues** and what you need to know to protect yourself.

The NFT and the Copyright: A Tale of Two Assets

What You're Buying When You Buy an NFT

When you buy an NFT, you are buying a token on a blockchain that is linked to a digital asset, such as an image, video, or piece of music. This token is a unique and verifiable record of your ownership of that specific copy of the asset. However, in most cases, you are not buying the underlying copyright to the asset.

The default rule of copyright still applies:

• The creator of the artwork retains the copyright unless they explicitly transfer it in writing.
• Owning an NFT gives you the right to display and sell that specific token, but not to reproduce, distribute, or create derivative works of the underlying art.
• The terms of the NFT sale, often outlined in a smart contract, can grant you additional rights, but this is not the default.

The Wild West of NFT Licensing

A Lack of Standardization

One of the biggest **NFT copyright issues** is the lack of standardized licensing agreements. Some NFT projects, like CryptoPunks and Bored Ape Yacht Club, have granted commercial rights to the owners of their NFTs. However, many other projects have not, leaving buyers with very limited rights.

NFT Art Theft and Infringement

A Growing Problem

The anonymity and decentralized nature of the blockchain have made it a breeding ground for **NFT art theft**. Scammers can easily create NFTs of artwork they don't own and sell them to unsuspecting buyers. This is a major problem for both artists and collectors.

• "Sleepminting": A technique where scammers mint an NFT of an artist's work and transfer it to the artist's wallet without their knowledge, making it look like the artist created it.
• Impersonation: Scammers will often impersonate well-known artists on social media to promote their fraudulent NFTs.
• Lack of recourse: Because of the decentralized nature of the blockchain, it can be very difficult to track down scammers and get your money back.

How to Protect Your NFT Art

Best Practices for Artists and Collectors

Whether you're an artist creating NFTs or a collector buying them, there are steps you can take to protect yourself.

Conclusion: The Future of NFT Copyright

The world of NFTs is still in its infancy, and the legal framework surrounding it is still evolving. As the market matures, we are likely to see more standardization in licensing and greater legal clarity on **NFT copyright issues**. For now, it's essential for everyone in the NFT space to be educated, cautious, and proactive in protecting their intellectual property.

The intersection of NFTs and copyright law is a complex and rapidly changing area. Contact us for expert legal advice on how to navigate the world of digital assets.