Can NFTs be Copyrighted: The Legality of Non-Fungible Tokens

Jim Haastrup
2 Min Read

There has been a lot of discussions lately about the legality of non-fungible tokens (NFTs). Some people believe that NFTs are copyrightable, while others believe they are not. In this blog post, we will explore the legality of NFTs and try to answer the question once and for all: can NFTs be copyrighted?

First, let’s take a look at the definition of copyright. Copyright is “a form of protection provided by law to the creators of original works of authorship.” For something to be copyrighted, it must meet three requirements: (i) it must be an original work of authorship, (ii) it must be fixed in a tangible medium, and (iii) it must be owned by the creator or his/her heirs.

Based on this definition, NFTs can be copyrighted. They are original works of authorship that are fixed in a tangible medium (the blockchain). However, whether or not they can be copyrighted is a different story.

Copyright protection is not automatic; it must be registered with the United States Copyright Office. NFTs are not currently registered with the Copyright Office, so they would not be protected under copyright law. However, this could change in the future if someone decides to file a copyright registration for an NFT.

So, can NFTs be copyrighted? The answer is yes, but they are not currently protected under copyright law. This could change in the future if someone files a copyright registration for an NFT.

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Jim Haastrup is a blockchain and technical writer at Voice of Crypto, where he covers cryptocurrency, NFTs, DeFi, GameFi, and the Metaverse. Before joining Voice of Crypto in 2022, he spent over three years as a senior technical writer across multiple blockchain projects, including Hashtoken, Naxar, and Bino, where he specialized in whitepapers, technical documentation, and content strategy for decentralized finance applications. Jim began his career as a junior technical writer at RM in Canada before advancing to lead technical writing roles at Bulltoken, a cryptocurrency crowdfunding platform in Norway. Throughout his career, he has authored more than 800 articles and collaborated with development teams to translate complex blockchain protocols into accessible content for diverse audiences including developers, investors, and crypto enthusiasts. His work spans ICO/STO/IDO research and analysis, cryptocurrency market trend forecasting, and social media management for crypto brands. Jim has helped numerous startups build their online presence through strategic content marketing, technical whitepapers, and pitch deck development. Jim graduated from the Federal University of Agriculture, Abeokuta (FUNAAB), Nigeria with a Bachelor of Engineering in Electrical Engineering in 2021. Disclosure: No significant crypto holdings.