Non-fungible tokens or NFTs are sold on the promise of âownership,â but a new review suggests many creators and buyers still have no idea what that means. A review from blockchain investment company Galaxy Digital finds that only one of the 25 most valuable NFT projects even tries to give buyers direct intellectual property rights to the underlying art, and many offer confusing or nebulous licenses despite recent efforts to clean up the space.
The Galaxy report analyzesthe terms of major NFT projects, including the Yuga Labs project Bored Ape Yacht Club (BAYC),Gary Vaynerchukâs VeeFriends, and World of Women as well as the âmetaverseâ social platforms Decentraland and Sandbox. It concludes that âthe vast majority of NFTs convey zero intellectual property ownership of their underlying content,â and many of their operators (including Yuga Labs) âappear to have misled NFT purchasersâ about the extent of their rights. Some projects have tried to prevent confusion by adopting the widely known Creative Commons license, but in the process, some have effectively untethered IP rights from the NFT â making it âimpossibleâ for NFT holders to defend exclusive rights to the art.
âItâs hard to imagine that Seth Green and his production studio didnât negotiate a separate dealâ
This echoes the conclusions of a review by Cornell University and the Initiative for CryptoCurrencies and Contracts,adapted byThe Vergeearlier this year. And both reviews call out BAYC, one of the largest and most influential NFT series, as being particularly incoherent. The BAYC terms promise that buyers âownâ the underlying art for their token âcompletely,â but they also grant a license that directly contradicts this claim. (In short, if you actually owned the art, you wouldnât need a license to use it.) Galaxy is highly skeptical of the claim thatmajor artists like Seth Greenare actually relying on NFT terms of service. âItâs hard to imagine that Seth Green and his production studio didnât negotiate a separate deal with Yuga,â it quite reasonably concludes.
That said,Yuga Labs recently introduceda greatly overhauledterms of servicefor its CryptoPunks and Meebits series, laying out what a more professionalized version of NFT licensing might look like. Galaxy also calls out the ânoble effortâ World of Women (WoW), the only project in its survey that tries to formally transfer copyright ownership of art with its NFTs. But it says WoW still doesnât clarify how selling the NFT transfers the rights to any derivative works based on that copyright.
When the IP rights stay with the NFTâs original creators, they can unilaterally change the terms in ways some NFT buyers might hate. This recently happened with the Moonbirds project, which announced a switch to the CC0 (or âno copyright reservedâ) Creative Commons license after telling buyers for months that they âownedâ their Moonbirds art. CC0 effectively means anybody, not just the NFT holder, can use the art â something that allegedly sunk at least one Moonbirds ownerâs pending licensing deal with a brand.
Galaxyâs report focuses on the goal of improving NFT licenses. This might be helpful for NFT aficionados who want to license their purchases or make fan art of them. But the current state of play doesnât indicate theyâre a great way to manage intellectual property rights â at least not without a lot more work.