NFTs and Copyright: Hype or Revolution?

In recent years, NFTs (non-fungible tokens) have invaded the digital world with promises of authenticity, exclusivity, and the appreciation of digital works. But does this technology truly represent a revolution in copyright protection — or just another passing trend?

NFTs are unique digital certificates, recorded on the blockchain, that prove ownership of a digital item — whether art, music, video, or even a tweet. Unlike cryptocurrencies, which are fungible (interchangeable), NFTs are one of a kind.

When purchasing an NFT, the buyer acquires ownership of the token, but not necessarily the copyright of the work itself. This means that, unless contractually stated otherwise, the creator remains the copyright holder — retaining the right, for example, to reproduce or license the work to third parties.

Brazilian law (Law 9.610/98) protects digital works, but it does not yet explicitly address NFTs. This creates legal gaps and uncertainty about what exactly is being transferred: the right to display? To resell? To commercially exploit?

Key issues to watch out for:

• Lack of clear regulation
  Without specific rules, each transaction depends on well-drafted contracts — which is not always the case.
• Confusion between possession and rights
  Many buyers believe that by acquiring an NFT, they have full freedom over the work. This can lead to conflicts with the original author.
• Risks of digital piracy
  There have already been cases of works being tokenized without the author’s authorization, raising debates about authenticity and consent.

Despite challenges, NFTs bring real opportunities:

• Direct remuneration for artists
  Creators can sell works without intermediaries, with automatic royalties from future resales.
• Authenticity and traceability
  The blockchain makes it possible to verify the origin of a work and its chain of ownership.
• New business models
  Brands, musicians, and designers are exploring NFTs as a form of engagement and monetization.

NFTs still face legal and educational barriers, but they are already changing the way we think about digital ownership. For this revolution to solidify, it will take more than technology: it will require dialogue between art, law, and innovation.