Buying an NFT almost never gives you the copyright in the artwork. Under US law, NFT copyright stays with the creator unless a signed written agreement transfers it. What you get is the token plus whatever license the project grants, which can range from “display it as your profile picture” to broad commercial rights or a public-domain CC0 dedication. This guide separates the token, the license and the copyright, shows what each common license lets you do, summarises what courts have said, and explains what to do if someone mints your art without permission.
- Owning a token and owning the copyright are separate. US law requires a signed writing to transfer copyright.
- Your rights come from the collection’s license terms, not from the blockchain.
- Licenses fall into three broad groups: personal use, commercial use and CC0 (public domain).
- Courts have treated NFTs as goods for trademark purposes, which cuts both ways for creators and copycats.
- If your art is stolen and minted, you cannot delete the token, but you can get it delisted with takedown notices.
This is general information about US law, not legal advice. Licenses and case law change; consult a qualified lawyer before relying on any right.
NFT copyright: buying the token is not buying the art
Two sections of the US Copyright Act do most of the work. Section 202 says owning a copy of a work is distinct from owning the copyright in it, the same reason buying a painting does not let you sell prints of it. Section 204(a) says a transfer of copyright ownership is valid only if it is in writing and signed by the owner. A smart contract that moves a token from one wallet to another does not, by itself, meet that requirement.
So when you buy an NFT you get the token, which is a record on a blockchain, and a license, a set of permissions granted by whoever holds the copyright. The copyright usually stays with the artist or the company behind the collection. Minting an NFT also does not create copyright protection or register it; protection arises automatically when an original work is fixed, and registration is a separate filing with the US Copyright Office. Our guide on how to create an NFT covers this from the creator’s side.
Token, license and copyright: three different things
| What it is | Where it lives | Who usually holds it after a sale | |
|---|---|---|---|
| Token | A unique ID in a smart contract, linked to metadata and media | On the blockchain | The buyer |
| License | Permission to use the artwork in defined ways | The project’s terms page, sometimes referenced in the metadata | Granted to the current token holder, usually ending when they sell |
| Copyright | Exclusive rights to copy, adapt, distribute and display the work | Law; optionally recorded by registration | The creator or company, unless a signed agreement says otherwise |
Keeping these apart answers most questions. “Can I print my NFT on T-shirts?” is a license question. “Can I stop someone else printing it?” is a copyright question, and usually only the copyright owner can. For more on what the token itself is, see what NFTs are.
Common NFT licenses: personal, commercial, CC0
Personal-use licenses
The most common default. You can display the art, use it as an avatar, and show it in virtual galleries, but you cannot sell merchandise or use it in advertising. Many art drops and game items use terms like this, and some have no stated terms at all, in which case assume you have no commercial rights.
Commercial licenses
Some collections grant holders the right to use their specific token’s art commercially. Bored Ape Yacht Club made this a selling point, and its terms grant holders commercial use of the art for the apes they own; our Bored Ape guide covers the collection’s history. CryptoPunks holders received commercial rights in 2022 after Yuga Labs bought the IP from Larva Labs. The IP was sold again in May 2025 to the nonprofit Infinite Node Foundation (NODE); its CryptoPunks page recounts the 2022 grant but does not set out new terms, so read the current terms on the official site before commercial use. Commercial licenses usually:
- cover only the token you hold, not the whole collection or the brand’s logos;
- end or transfer when you sell;
- exclude uses the licensor considers harmful, and sometimes cap revenue.
CC0 and public-domain dedications
CC0 is a Creative Commons tool by which the creator waives copyright as far as the law allows. Anyone, holder or not, can copy, adapt and sell the art. Nouns has used CC0 from the start, and CrypToadz adopted it. Moonbirds switched to CC0 in August 2022 under its original company, Proof; the collection has since changed hands (Yuga Labs bought it in 2024 and sold it to Orange Cap Games in May 2025), which shows why you should check current terms rather than past announcements. CC0 means holders have no exclusive rights to defend.
“Can’t Be Evil” licenses
In August 2022 venture firm a16z crypto published a set of free NFT licenses called “Can’t Be Evil.” They range from CC0 through exclusive and non-exclusive commercial rights to personal-use-only options, with “hate speech” variants that end the license for holders who use the art that way. They give projects a standardised menu instead of homemade terms.
What can I legally do with my NFT?
| Use | No stated license | Personal use | Commercial (holder) | CC0 |
|---|---|---|---|---|
| Display as an avatar or in a gallery | Usually tolerated, not guaranteed | Yes | Yes | Yes |
| Resell the token | Yes | Yes | Yes | Yes |
| Print merchandise to sell | No | No | Yes, within terms | Yes |
| Use in a logo or brand | No | No | Often, check exclusions and trademarks | Yes, but others can use it too |
| Stop others copying the art | No | No | Usually no; the licensor enforces | No |
| Keep rights after selling | n/a | No | Usually no | Yes, as the public does |
What courts have said about NFTs and IP
- US Copyright Office and USPTO joint study (12 March 2024). Requested by Senators Leahy and Tillis, the report concluded existing IP law and enforcement tools are sufficient for NFTs and recommended no legal changes. It found that minting an NFT linked to an unauthorised copy implicates copyright in the same way as any other unauthorised copy, and noted that trademark misuse was widespread on NFT marketplaces.
- Hermès v. Rothschild (S.D.N.Y., 2023). A jury found in February 2023 that artist Mason Rothschild’s “MetaBirkins” NFTs infringed and diluted Hermès’ Birkin trademark and awarded $133,000; the court later issued a permanent injunction. Rothschild appealed to the Second Circuit, which heard argument in October 2024. Check the docket for the appeal’s current status.
- Yuga Labs v. Ripps. Yuga sued over the “RR/BAYC” copycat collection. On 23 July 2025 the Ninth Circuit held that NFTs are “goods” that can carry trademark protection, but vacated the multimillion-dollar judgment and sent the case back for trial on consumer confusion. The parties reported a settlement in April 2026.
- Nike v. StockX. Nike challenged StockX’s “Vault” NFTs, linked to physical sneakers, alongside counterfeiting claims. The parties settled and dismissed the case in August 2025 before trial, so no ruling on the NFT claims was reached.
- Miramax v. Tarantino. A dispute over “Pulp Fiction” screenplay NFTs, filed in 2021, settled in 2022. It illustrated that a creator’s contract with a studio, not the NFT, decides who may tokenise a work.
The lesson across these: courts apply existing trademark and copyright law to NFTs. Wrapping someone else’s work or brand in a token gives no protection.
If someone minted your art as an NFT
Art theft is common: scrapers copy portfolios and mint them in bulk. You cannot delete a token from a blockchain, but you can cut off its market and its image.
- Document it. Screenshot the listing and record the marketplace URL, contract address, token IDs and the minting wallet. Keep evidence of your original (source files, dated posts).
- Send DMCA takedown notices. The Digital Millennium Copyright Act (17 U.S.C. §512) lets you notify online services hosting infringing material. Major NFT marketplaces publish a copyright or DMCA reporting form; use it to get listings removed or hidden.
- Target the media host. If the image is on a centralised server or a pinning service, notify that host too; removing the file breaks the image the token displays.
- Register your copyright if you plan to sue in the US; registration is generally required before filing a suit over a US work.
- Warn your audience on your verified channels so collectors do not buy the fakes.
Buyers of stolen-art NFTs are victims too. Our guide to spotting NFT scams covers how to verify a collection’s creator before purchase. More collection and rights guides are in our NFT guides hub.
Checklist before using an NFT commercially
- Find the collection’s license terms on its official site and save a dated copy.
- Confirm the license is commercial, not personal-use, and that it covers your intended use (merch, ads, films, logos).
- Check whether rights apply only while you hold the token and what happens if you sell.
- Look for revenue caps, prohibited uses and approval requirements.
- Separate artwork rights from trademarks: a license to an ape’s image is not permission to use a collection’s name or logo.
- Check for third-party material in the art (music, celebrity likeness, other brands) that the licensor cannot license.
- Check who owns the IP today; acquisitions can change terms.
- For anything significant, have a lawyer review the terms.
FAQ
Do you own the copyright of an NFT you buy?
Almost never. US law separates owning a copy from owning the copyright, and transferring copyright needs a signed written agreement. You own the token and receive whatever license the collection grants. Only an explicit written assignment from the copyright owner would give you the copyright itself.
What does a CC0 NFT mean?
The creator has waived copyright as far as the law allows, placing the art in effect in the public domain. Anyone can copy, remix and sell it, whether or not they own the token. Owning a CC0 NFT gives provenance and community membership, not exclusive rights.
What are NFT commercial rights?
Permission from the copyright owner for the current holder to use their token’s artwork to make money, for example on merchandise. They are defined by the collection’s terms, usually cover only the token you hold, often exclude logos and trademarks, and typically pass to the buyer when you sell.
Can I send a DMCA notice for an NFT?
Yes. Marketplaces, hosting companies and pinning services that serve infringing images can receive DMCA notices and typically remove or hide the listing or file. The token stays on-chain, but without a listing or image it is much harder for anyone to profit from it.
Crypto is volatile and risky; this is education, not financial advice. Do your own research.
