NFTs and works

For an original digital work, the token may represent ownership of the file, a right of use, an exhibition licence or simple proof of authenticity. The sale contract must specify which. Failing that, the law protects the artist and limits interpretation to what is expressly provided.

For a token backed by a physical work, the token does not replace the title of ownership. It gives access to the work's digital file. The link with the OIMAP certificate must be verifiable, otherwise the token has no evidential value.

The artist keeps their copyright unless expressly assigned: the right to reproduce, represent and adapt the work. Their moral right — to be recognised as author and to object to any infringement of the integrity of the work — is inalienable in most Member States.

A token buyer who wants to exploit the work commercially must obtain a licence. Approved platforms are required to display clearly, before purchase, the rights that are transferred and those that are not.

The status of works produced with the help of an artificial intelligence system is one of the subjects under discussion. Depending on the State, the work may be protected if a human author has made a creative contribution, or not protected at all.

The 2025 public consultation proposes making it mandatory to state the use of such a system in the description of the work and the token, so that the buyer knows what they are buying.