You Bought the NFT. You Probably Did Not Buy the Copyright.

The wallet shows the token. The marketplace shows you as the owner. That still does not mean you own the artwork's copyright, or that you can copy it, sell prints, or put it on merchandise.

U.S. copyright law already separates owning a copy from owning the copyright. In 2024, the U.S. Copyright Office and the U.S. Patent and Trademark Office told Congress that current NFT uses do not require a change to that law.

What the token is, and what it is not

An NFT is a unique token on a blockchain. Buying it usually means the token moved to your wallet. The image, song, or other file associated with it is a separate thing. Copyright is the legal right in that creative work, not the token entry itself.

A license can grant some uses, such as displaying the image. A license is not the same as owning the copyright. Unless a valid transfer or license says otherwise, the creator (or other copyright owner) still holds those rights.

What U.S. copyright law already says

Section 202 of title 17 states that ownership of a copyright is distinct from ownership of any material object in which the work is embodied. Transfer of that object does not, by itself, convey rights in the copyrighted work.

The statute is written for copies and phonorecords. It is the same split NFT buyers run into: paying for one instance is not the same as buying the copyright. The Offices did not invent a new NFT exception to that rule.

Section 204(a) of the same chapter adds a writing requirement. A transfer of copyright ownership, other than by operation of law, is not valid unless there is an instrument of conveyance, or a note or memorandum of the transfer, in writing and signed by the owner of the rights conveyed or that owner's duly authorized agent. A marketplace checkout and a wallet signature on a token transfer are not, on their own, that copyright instrument.

What the 2024 joint study concluded

Congress asked the Copyright Office and USPTO to study intellectual property issues raised by NFTs. On March 12, 2024, the Offices submitted their joint study to Congress. The study page states that they concluded current applications of NFT technology do not require changes to intellectual property laws, and that incorporating NFTs into their registration and recordation practices is not necessary or advisable at this time.

The Offices acknowledged commenters' views that NFTs may help artists get paid on later resales, help trademark owners expand a brand, or support management or licensing of IP rights. They also recognized widespread concern that NFT buyers and sellers do not know what IP rights are implicated in creating, marketing, and transferring NFTs, and that NFTs may be used to facilitate copyright or trademark infringement.

They determined that existing statutory enforcement mechanisms are sufficient to address the infringement concerns, and that product transparency and consumer education more appropriately address concerns that fall outside intellectual property laws. The full report is posted as a PDF on copyright.gov.

What this means if you already bought one

Read any license or terms the project actually published, not a social post about "owning the art." If you need the copyright itself, U.S. law looks for a signed writing from the copyright owner. If you only need permission to use the image in a limited way, that is a license question, and the token sale may or may not include one.

Creator resale payments, often called royalties, are a marketplace and contract issue. They are not proof that copyright moved with the token. That payment question is separate from who owns the copyright.

What these records do not settle

This article covers U.S. federal copyright law and the 2024 joint study. Other countries have different rules. A specific project's terms, a signed contract, or a court decision in a particular dispute can change the result for that case. The Offices did not decide any individual NFT sale.

The study page summarizes the report. It does not reprint every comment or every example. Trademark issues are noted, but this article does not map trademark law for branded NFTs.

What to watch next

Watch the Copyright Office NFT study page for any later statement, and read the license attached to a collection before you treat the image as yours to copy. This article does not predict new legislation or the outcome of any lawsuit.

Sources

1. U.S. Copyright Office, "Non-Fungible Token Study," including the March 12, 2024 joint study submission: https://www.copyright.gov/policy/nft-study/
2. U.S. Patent and Trademark Office and U.S. Copyright Office, Joint Report on NFTs and Intellectual Property, March 12, 2024 (PDF): https://www.copyright.gov/policy/nft-study/Joint-USPTO-USCO-Report-on-NFTs-and-Intellectual-Property.pdf
3. Copyright Law of the United States, title 17, chapter 2, sections 202 and 204: https://www.copyright.gov/title17/92chap2.html

Disclosure: This article summarizes U.S. copyright statutes and a 2024 Copyright Office and USPTO study page. It is not legal advice for any person, collection, or purchase, and it does not apply other countries' laws. A project's own signed transfer or license can grant rights the token sale does not. The featured image is a generated illustration, not a photograph of a copyright deed or an NFT. This article is not financial, legal, or investment advice. AI-assisted research and writing. Cited sources, not AI alone, support the claims.