Buying an NFT means you own the artwork copyright
An NFT is a blockchain certificate of token ownership, not a copyright assignment. Unless the sale explicitly includes a copyright transfer or license, the buyer cannot reproduce, distribute, or create derivative works of the underlying artwork.
What we know
Non-fungible tokens (NFTs) are unique digital tokens stored on a blockchain that certify the authenticity and ownership of a particular token. What they do not inherently transfer is intellectual property. Under copyright law in the United States and internationally, ownership of a copy of a creative work does not transfer the copyright in that work to the new owner.
Eurojust and the US Copyright Office have both clarified this point. A joint 2023 report from the US Patent and Trademark Office and the US Copyright Office to Congress stated that purchase of an NFT does not mean the token transfers any intellectual property rights in an asset to which it is linked. The default rule is that copyright remains with the original creator. An NFT buyer may display the associated image and resell the token, but may not print it on merchandise, create derivative works, or claim authorship without a separate and explicit license or copyright assignment.
High-profile examples illustrate the confusion. A consortium purchased an NFT representing a rare physical book for 3 million dollars, believing it would grant them rights to make a film adaptation. It did not. Jack Dorsey sold an NFT of his first tweet; the buyer did not acquire any rights to reproduce or monetize the tweet. These cases resulted in significant financial loss and public misunderstanding.
Some NFT projects do include explicit copyright licenses or assignments in their smart contracts or terms of service, granting buyers broader rights. These are exceptions that require careful review rather than the rule. Buyers should read the terms of each specific NFT sale and not assume that token ownership confers intellectual property rights.
Common claims
- Buying an NFT gives you copyright ownership of the artwork.False. Copyright remains with the creator unless explicitly transferred.
- NFT ownership lets you print and sell copies of the associated image.False unless the license specifically grants this right.
- Some NFTs do include licensing rights.True. Terms vary; buyers must review the specific smart contract or terms of sale.