Are NFTs subject to copyright?

Regarding NFT copyright:

Some NFTs are subject to copyright and intellectual property rights, while others are not. It is therefore essential to understand the legal implications before creating or purchasing NFTs.

Respect for copyright

For certain works, the creation and sale of digital assets in the form of NFTs must respect the copyright associated with the work, if the author or creators so decide.

For example, the creators of CryptoPunks (YugaLabs) have maintained full control over their creations and have even sued certain holders (holdleurs) for copyright infringement. This has led to tensions between the holders of these NFTs and the creators.

Intellectual property transferred

However, in some cases, the creators of NFT collections, such as the Bored Ape Yacht Club, have chosen totransfer the entire intellectual property to their owners. This means that if you own the NFT, you have the right to reuse the image of the work as you wish, without infringing copyright.

It is therefore crucial for creators and buyers of NFTs to understand the conditions and rights associated with each work or collection of NFTs before engaging in transactions. This helps avoid legal disputes and ensures that copyright and intellectual property rights are respected.

It is also an evolution in the way we perceive digital properties, which have yet to evolve in our legal tools, which are not yet up to date. And that will surely be legislated in the years to come.