There is a huge lack of insight into who owns the copyright of an NFT. This confusion likely stems from the fact that an NFT comprises two things: (i) the identifiable, non-fungible, non-replicable, and transferrable cryptographic asset recorded on the blockchain, and (ii) the creative content. The creative content is separate and distinct from the actual asset recorded on the blockchain. As such, the person or entity that created the creative content owns the copyright. The content creator continues to own the copyright, even if the NFT is sold to someone else. It’s analogous to Jeff Koons selling artwork he created—Koons can sell the art to one person to hang on their wall, but since Jeff also owns the copyright, he can sell that same artwork as an image on t-shirts.
No, the “non-fungibility” simply means that anyone who creates an NFT with the same link will be distinct from your link to the image, even if the actual URL is the same. Both NFTs can also be traced back to when they were created/minted because they’re on a blockchain, a property called provenance. If the authentic tokens came from a well known minting, you can establish that your token is “authentic” and the copy token is a recreation, even if the actual link (or other content) is completely identical.
Nothing about having the “authentic” token would give you actual legal rights though.
the NFT is not the art itself, it is at best a proof of ownership.
It’s not even that.
https://bpp.msu.edu/magazine/nfts-what-you-need-to-know-to-protect-copyrights-june2022/
NFTs are literally just URLs, pointlessly stored on “the blockchain”. URLs that point to servers which can be switched off at any moment.
wait, what are you even buying then?!
I thought (i) at least served as a proof of ownership for (ii)…
Nope.
This is why anyone not huffing paint has stayed far away from NFTs.
No, the “non-fungibility” simply means that anyone who creates an NFT with the same link will be distinct from your link to the image, even if the actual URL is the same. Both NFTs can also be traced back to when they were created/minted because they’re on a blockchain, a property called provenance. If the authentic tokens came from a well known minting, you can establish that your token is “authentic” and the copy token is a recreation, even if the actual link (or other content) is completely identical.
Nothing about having the “authentic” token would give you actual legal rights though.