Mint, sell, repeat: Non-fungible tokens and resale royalties for Indigenous artists

Abstract

This article examines whether the Resale Royalty Right for Visual Artists Act 2009 (Cth) provides adequate protections for artists working with non-fungible tokens (NFTs). Focussing on Indigenous Australian artists and the context within which they work, the article assesses whether smart contracts embedded in NFTs provide more secure access to royalties for visual artists, as compared with the Act. The article then considers how the Act can be reformed to provide more comprehensive protections that meet the needs of Indigenous Australian artists working with NFTs.