To own or not to own, that is the question with NFTs (digital ‘ownership’ and the legal status of NFT’s acquirers)

Abstract

The emergence of Non-Fungible Tokens (NFTs) – unique, blockchain-based tokens – has introduced a new dimension to the concept of property rights in the digital domain. Recent legal developments in the UK and the proposal of the Property (Digital Assets etc) Bill fuelled the discussion on how to legally conceptualise digital assets, including Non-Fungible Tokens (NFTs). This paper explores the evolving legal landscape surrounding property rights over NFTs, examining the challenges and ambiguities that arise from their intersection with existing property law frameworks. It analyses how property is defined and transferred in the context of NFTs, the implications for creators and acquires, and the best way to protect the latter. By critically assessing these issues, this paper aims to provide some insights regarding the legal principles that should guide the recognition and enforcement of property rights over NFTs, while suggesting new legal paths to accommodate this rapidly evolving technology.