Key points
- Buying an NFT does not automatically transfer the intellectual property rights in the content, nor access to its commercial exploitation.
- An NFT is a unique certificate recorded on a blockchain that mainly evidences purchase and authenticity, and is distinct from the work itself.
- Copyright distinguishes economic rights, which can be assigned, from moral rights, which are inalienable in France.
- By default, the purchase carries no right of exploitation, unless expressly provided for in the contract, the marketplace terms or the general terms and conditions.
- Where nothing is expressly stated, courts apply a strict interpretation that limits any exploitation not originally provided for.
- The contract should set out the scope of the licence, its duration, its territory and any restrictions; consulting an NFT lawyer can help make the transaction legally sound.
Buying an NFT raises many questions about the legal regime of NFTs and the precise scope of the rights transferred. Unlike a physical work, a non-fungible token does not automatically entail the transfer of an intellectual property right in its content, nor free access to its commercial exploitation. An analysis of the French and European framework shows that the applicable regulation is still evolving, particularly as regards copyright, NFT taxation and the transfer of digital assets. Understanding the rights actually attached to NFT ownership helps avoid any confusion about the buyer’s real prerogatives over digital creations.
See also: our intellectual property team.
What legal elements shape NFT ownership?
The distinction between owning the NFT and intellectual property rights remains central to assessing the legal value of an NFT purchase. An NFT is a unique certificate, recorded on a blockchain, evidencing the acquisition of a digital asset or of specific rights. However, this acquisition does not necessarily entail the full or partial transfer of the copyright protecting the work linked to the token.
In practice, the transaction mainly evidences the allocation of a token, which certifies proof of purchase and authenticity. The buyer thus enjoys social or community recognition for holding the NFT. This situation differs from the transfer of a work, which falls under a legal regime of NFTs interpreted in accordance with French and European law. For advice tailored to disputes on these issues, it is useful to consult an NFT lawyer.
The NFT: a certificate authenticating a digital asset
When a crypto-asset transaction involves an NFT, the transfer relates above all to the recording of ownership of the token in a distributed ledger. The NFT is generally not the work itself but an identifier linked to it, whether an image file, an audio sequence or other digital content. Access to services through an NFT depends on contractual clauses specific to each project.
This technological basis comes with legal uncertainty: the buyer acquires a position on the blockchain without necessarily holding physical ownership of the underlying asset. The contract must therefore specify the exact nature of the rights attached to the NFT.
Does buying an NFT give you the copyright? Economic and moral rights
Copyright distinguishes economic rights, which can be assigned (reproduction, performance, adaptation), from moral rights, which are inalienable in France. By default, buying an NFT transfers no right of exploitation unless expressly provided for in the contract, the marketplace terms or the general terms and conditions.
As a result, the buyer sometimes enjoys only a right of personal use, with no possibility of reselling, commercialising or modifying the work associated with the NFT. Some projects grant broader licences allowing wider exploitation, if this is clearly stated at the time of the transfer of digital assets.
How should the transfer of NFT-related rights be framed contractually?
The legal certainty of an NFT purchase depends directly on how the contracts specifying the rights transferred are drafted. Clear information and transparency about the rights attached to the NFT limit the risk of disputes and support informed commitment by the parties.
Contracts should set out the scope of the licence granted by the creator, its duration, its territory and any restrictions. There is no presumption of a global assignment of rights: each right assigned must be mentioned separately, and its field of exploitation must be defined as to its extent, purpose, place and duration, in accordance with the applicable regulation (Article L. 131-3 of the French Intellectual Property Code (Code de la propriété intellectuelle) (in French)).
Standard exploitation licences and market practice
Some players in the NFT market use Creative Commons licences or proprietary models adapted to digital assets. This framework offers clarity for creators and buyers alike. The terms cover private display, resale or extended commercial use.
Where nothing is expressly stated, courts apply the principle of strict interpretation, which severely limits any exploitation not provided for at the outset. Each acquisition requires a careful review of the contract to determine the real scope of the freedoms granted with NFT ownership.
A word on smart contracts
NFT platforms often use smart contracts to automate transactions and embed certain clauses relating to rights in the work. However, these computer programs remain subject to the principles of French law: their execution does not amount to an automatic assignment of copyright without an express statement.
A smart contract may, for example, provide for the automated payment of royalties to the creator on each resale of the NFT. This mechanism does not derive from any specific legal regime of NFTs: it is purely contractual and requires the rights conferred to be protected in writing, especially in the event of a cross-border dispute.
What are the tax and regulatory implications for NFT buyers?
The purchase and sale of digital assets in the form of NFTs give rise to tax obligations and must comply with the applicable regulation in France. Since 1 January 2026, capital gains realised by an individual on the sale of an NFT have been taxed under the regime applicable to the property or rights the token represents (Article 150 VH ter of the French Tax Code (Code général des impôts, CGI) (in French)). An activity carried out on a professional basis falls under business taxation.
The legal characterisation of the NFT affects the tax base: a token issued in a large series or fractionalised may be regarded as fungible (recitals 10 and 11 of Regulation (EU) 2023/1114, known as MiCA) and then fall under the capital gains regime for crypto-assets. Crypto-asset wallets and NFTs held abroad must also be declared with the income tax return (Article 1649 bis C of the French Tax Code (in French)): these obligations covering digital assets held abroad need to be understood when buying an NFT.
Anti-money laundering regulation
Providers authorised to offer crypto-asset services under the MiCA Regulation are subject to anti-money laundering and counter-terrorist financing obligations (Article L. 561-2 of the French Monetary and Financial Code (Code monétaire et financier) (in French), 7° bis): customer identification and monitoring of transactions. NFT marketplaces are subject to these obligations only if they fall within one of the categories listed in that provision, as unique and non-fungible crypto-assets are in principle excluded from the MiCA Regulation (Article 2(3)). You should therefore check the status of the platform used when buying or reselling NFTs.
On the contractual side, no applicable regulation imposes a standard check, but it is in the buyer’s interest to make sure that the creator or seller actually holds the rights in the associated work: infringing content strips the rights attached to NFT ownership of all value. Heightened vigilance is needed to avoid any unauthorised acquisition of protected content.
Consequences of hidden defects or disputes
The buyer of an NFT may consider invoking the warranty against hidden defects (Article 1641 of the French Civil Code (in French)) if the token has a hidden defect that makes it unfit for its intended use, for example the exercise of the attached rights. Its application remains uncertain: an NFT is closer to an entry on a blockchain than to a traditional physical good.
If access to services through the NFT proves impossible, or if the rights expected differ from those actually obtained, it is the contractual documents accepted at the time of acquisition (platform terms and conditions, project licence) that determine the rights. Under copyright law, whatever has not been expressly assigned remains with the author: any ambiguity is interpreted restrictively in the transfer of digital assets.
