NON-FUNGIBLE TOKENS
What are Non-Fungible Tokens (NFTs), how do they work, what are their legal status, and how can their ownership be governed and regulated?
Since the creation (or "minting") of the first non-fungible token (NFT) in 2014, interest in non-fungible tokens (NFTs) has progressively increased, beginning with the cryptocurrency community and eventually bursting into the mainstream in 2021.
Quantum, an octagon-shaped animation by artist Kevin McCoy, was the first work to be connected with an NFT-type certificate of ownership, and it was sold by Sotheby's this year for $1.4 million.
This not only demonstrates a rise in public demand for non-conventional financial instruments, but it also implies that established institutions such as Sotheby's are paying notice.
Make a nft in 5 esay steps
Step 1: Because our logo was already digitalized artwork, we picked it as our NFT selection.
Step 2: Make a decision on a blockchain. NFT issuance is now dominated by Etherium.
Step 3: Get a little amount of Ethereum. Most digital art markets charge a fee for turning digital art into an NFT.
Step 4: Connect the wallet to NFT. After buying Etherium, find a suitable marketplace to join NFT. We joined Opensea. This is the easiest configuration for new users.
Step 5: Create an account with NFT as an artist
What is a NFT?
In the cryptocurrency world, a NFT is a digital image, video or audio clip represented as a unique non-interchangeable unit of data, the ownership of which is recorded on the blockchain, a decentralised digital public ledger. It may then be bought and sold via blockchain transactions in exchange for other tokens also registered on the blockhain (like cryptocurrencies). An NFT is a token referred to as "non-fungible," meaning it cannot be replaced with other objects due to the fact that it has unique properties (unlike fungible items which can be exchanged because their value defines them rather than their unique properties, for example cryptocurrency). An NFT's value is derived from the fact that it is one-of-a-kind and cannot be divided into multiples.
When defining NFTs, the concept of fungibility and non-fungibility must be understood. An asset is fungible if it could potentially be replaced with an identical replica of it, in both quality and quantity). Therefore a non-fungible asset is one which cannot be substituted for an identical replica due to the the intrinsic individuality of the asset itself (such as a piece of art). it sounds crazy making art from images that can be easily copied and reproduced. Cryptocurrencies like bitcoin, have multiple equally valued coins, are fungible tokens, and are therefore capable of substitution.
An NFT, on the other hand, is a one-of-a-kind, indivisible token. This is the feature of non-fungibility. Because they are distinct and have various qualities, they cannot be traded for the same amount of the same type. NFTs, in reality, provide a mark of uniqueness because each one contains information and data that cannot be duplicated and distinguishes it from other NFTs, making it irreproducible. They vary from exchange tokens (such as Bitcoin), which are fungible by nature. To summarize, NFTs are defined by the following characteristics: uniqueness: in that an NFT is or symbolizes a one-of-a-kind object, digital or otherwise, that can be unmistakably linked to a user or a virtual wallet; - indivisibility: the ability to be divided into components; - non-fungibility/interchangeability: NFTs aren't interchangeable or fungible.
There are many different types of NFT data units that may be connected with digital files such as photographs, movies, and audio. NFTs vary from cryptocurrencies such as Bitcoin as each token can be traced back to its original owner. NFTs provide the capacity to transfer or claim ownership of any unique asset that it represents, which can be tracked using an appropriate cryptocurrency, which is often Ethereum in this case.
A public certificate of authenticity or evidence of ownership is claimed by NFT ledgers, however the legal rights given by an NFT are not always clear. Because NFTs do not impede the sharing or copying of the underlying digital files, the transfer of copyright for the digital files is not required. Additionally, NFTs do not hinder the production of new NFTs that include identical connected data from being created.
Essentially, each NFT is made up of code encoded in the form of a smart contract that is compliant with a standard, such as ERC-721 or ERC-1155, and which is then coined and stored as a token on a cryptocurrency blockchain. The NFT's ownership is controlled by the use of a unique ID and information that can't be replicated by any other token. An NFT cannot be modified or removed after it has been created. It may be seen by the public and exchanged if it has provable ownership (including a history of ownership), originality, and authenticity, all of which are guaranteed.
It is because of this growing popularity that NFT-based artwork is being sold at an increasing rate and that creators are using NFTs to commercially exploit other types of assets in many different fields such as music, sport, and fashion. NFT-based artwork is being sold at an increasing rate because of this growing popularity.
Ownership
When a purchaser purchases an NFT, the purchaser acquires ownership of the NFT itself, which serves as a record of ownership of the one-of-a-kind digital representation of the underlying asset. This means that the purchaser will become the legal owner of the particular copy or version of the work that the NFT represents once the transaction is completed. It is also possible to transfer ownership of the digital form of the underlying asset together with the NFT when it is transferred to another individual.
Unless otherwise noted, purchasing ownership of an NFT representing a work in which copyright exists does not transfer ownership of the copyright in the underlying work to the new purchaser.
By contract, it is possible to change the nature of this position. Copyright to the underlying asset (or property rights if the underlying asset is a physical object) may be transferred if both parties agree on the terms of the transfer in advance (and validly transferred). If certain property rights, such as copyright, are transferred upon sale of the NFT, the smart contracts that control it may be written to indicate that they be transferred upon sale of the NFT. In addition, standard terms and conditions, sales contracts, deeds of assignment, and licences, all of which specifically state how rights to the underlying asset are to be handled with, may be used to the sale of an NFT in certain circumstances.
Smart contracts regulate certain NFTs, which establish and automate certain rights and duties of the buyer and seller. They might, for example, enable for the distribution of monies for royalties to be paid each time the NFT is resold. Through the automictically executing smart contract medium, creators can ensure certain terms are present in all future transactions. For example, one creator could ensure a certain percentage of the sale money goes to a charitable organisation. The smart contract allows parties to have a higher and more specific control of the execution of the contract no matter what, while maintaining anonymity.
NFT value framework and opportunities
The value of NFT may be calculated as a function of four factors, and how that value can be enhanced. The value of an:
NFT =
Utility +
Ownership History +
Future Value +
Liquidity Premium +
Utility
The NFT's utility value is determined by how it may be utilised. Game assets and tickets are two primary categories with significant utility value. A rare and strong Crypto Space Commander battleship, for example, sold for $45,250 in 2019, and the value of an NFT ticket is equal to the cost of an event ticket. The possibility to employ the NFT in a different application is another aspect of usefulness. Consider how much more valuable a battleship would be if it could be used in a different game. As of present, as stated tickets are the most talked about use. When using a digital ticket, a QR code (currently used for reservations, movie tickets, vaccination status, and boarding passes etc.) can simply be screenshotted and used by any person on any device. There is no exclusivity which in turn creates a privacy concern. Using an NFT however, due to its non-fungible nature, a ticket cannot be replicated or used by another non owner of said ticket. Only one may exist, which provided ID was used to procure it, would arguably do away with the need to check further ID alongside it due to its absolute privacy protection.
Due to NFT artworks being sold by creators in “collections”, much like with real art and fashion, many creators and collections offer some kind of exclusive package with the NFT, usually in the form of a members club for purchasers of that collection. Here, the NFT aside from being a piece of artwork, also acts as a pass or a ticket into said club, or online chat, filled with other purchasers. The benefit here is if the NFT collection has a specific purpose or appeals to a specific interest, all members will be connected with other enthusiasts of that purpose. In the case of the Bored Ape NFT’s, which are very expensive (north of half a million dollars), purchasers buy themselves access to the Bored Ape Yacht Club, in essence a large network of wealthy NFT enthusiasts, including a growing list of high profile celebrities, entrepreneurs and billionaires. As such, NFT’s have often been accused of being vanity projects for the mega wealthy.
Ownership history
The value of an NFT is often times determined by the identity of the issuer and/or prior owners. This is the case with the aforementioned Bored Ape NFT’s, which have continues to rise in value as more notable people from Paris Hilton to Jay Z purchase them. This of course makes the value of the collection go up, the profile of the creator to be further recognised, and the individual NFT to rise in value - just think of a Babe Ruth signed baseball or a pair of Muhammed Ali’s boxing gloves! NFT’s, just like tangible items owned by famous people, rise in value by association. As such, many publicly wealthy people and celebrities have made large amounts of money from NFT’s over the past year. Many simply by ones they like the look of, from high profile artists, or begin their own collection.
Famous artists or firms with a strong brand typically make or issue NFTs with a high ownership history value. There are therefore two methods to raise the value of one’s NFTs. The first is to issue NFT tokens in collaboration with firms or people that have a strong names brands (such as a reality TV star). This automatically attracts traffic as stated above. The second option is to resell NFTs that were previously held by powerful persons, which as stated rise in value by association. It's now difficult to determine who the prior owners were, despite the fact that this is vital on-data information. To boost the value of NFTs, marketplaces and sellers may offer an easy-to-use tracking interface, but due to the privatised and decentralised nature, this is entire up to the discretion of the sellers and service providers.
future value
The future value of an NFT is calculated using both valuation changes and future cash flow. Just like cryptocurrencies, and even stock exchanged issued public stocks to a certain extent, speculation drives valuation and is sometimes the primary driver of price appreciation. This is due to the newness of the industry, its association to blockchain and crypto currency, and a general lack of understanding of the working of this technology with many viewing it as a volatile money roller coaster. In December 2017, for example, the price of CryptoKitty #18 surged from 9ETH to 253ETH in only three days. Some may claim that price movement based on valuation is harmful to NFTs, however speculating is a natural aspect of human nature and as pointed out in relation to stocks and shares, a fundamental important component of the current economic system. Developers may boost NFT value and attract new users by striking the correct balance. Scarcity of supply and speculation boost valuation. Price performance charts of NFT products may be used to drive speculation, as can highlighting NFTs that rise in value. StockX, a Detroit based, online aftermarket sneaker (and luxury clothing) marketplace, is valued at $1 billion in part because it encourages consumers to bet on the price of shoes, with latest buy prices informing current market value of that product, creating a vast, multifaceted (and high priced) sneaker market.
liquidity premium
Liquidity premium – A greater liquidity premium means a higher NFT value. The liquidity premium is the key reason why on-chain assets should have a greater value than those developed off-chain. Anyone who owns ETH may trade ERC standard NFTs on secondary marketplaces without friction, increasing the number of possible purchasers. Because liquidity reduces the risk of keeping NFTs, investors choose to invest in NFT categories with a large trading volume. Even if the NFT loses its utilitarian value when the linked platform closes, a highly liquid NFT retains its worth as long as people are ready to purchase and sell it. NFT standards that are not based on Ethereum, on the other hand, suffer from a lack of liquidity, and the value of NFT generated on such platforms is often reduced.
Regulation
Due to an NFT's capacity to establish ownership and validity of the content it represents, it opens intriguing potential for creators in a variety of sectors (which is where the commercial value of an NFT lies). NFTs, on the other hand, are not without legal difficulties.
A person may, for example, manufacture an NFT of a public domain work and fraudulently claim ownership of the copyright in the underlying asset as if it were an original work. By falsely claiming to be the creator or copyright owner of the underlying work represented by the NFT, a person might infringe on copyright and moral rights in a work. However, there are currently no solid practical avenues of recourse due to the completely privatised, extra jurisdictional, and privacy protected nature of blockchain activities. To bring an action of copyright or IP infringement, one has to know who to sue.
This also follows into potential difficulties with data security. Individuals have the "right to be forgotten" and/or the right to have errors in their personal data rectified under several data protection regulations. Because of the immutability of blockchain technology, it may be difficult for a data controller to comply with such rights and thereby break data protection legislation.
Most nations, at the time of writing, are working toward similar, if not identical, regulatory goals for all crypto assets, with the goal of providing "much-needed market confidence and a degree of legal clarity." Crypto assets, on the other hand, stay outside or beyond regulatory boundaries in all circumstances. Rather than tailoring measures to the technology in issue, these goals are based on a mix of current regulation (regulatory capture), general "wait and see" principles, and market-focused self-regulation aimed at stimulating rather than suffocating innovation. Insofar as NFTs come under more mature definitions of crypto assets, the regulatory approach to NFTs in the short to medium term will most likely parallel that of crypto assets.
As the popularity of NFTs grows, so will the legal and regulatory difficulties surrounding NFT transactions, which, as usual, will take time for the law to catch up with.
Final Remarks
Thanks for reading this article. Send me an email if you need help with law school dissertations, time management, course selection, or anything else. I'll answer as quickly as I can. I'm also a law tutor who offers video call lessons. I can help with topic and exam technique. Just send me a WhatsApp from the link below.
