NFTS AND COPYRIGHT: LEGAL CHALLENGES IN VIRTUAL ASSETS

AUTHOR – PRIYANSHU MISHRA, STUDENT AT GALGOTIAS UNIVERSITY

BEST CITATION – PRIYANSHU MISHRA, NFTS AND COPYRIGHT: LEGAL CHALLENGES IN VIRTUAL ASSETS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 149-156, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

Non-fungible tokens (NFTs) have rapidly transformed the market for digital creativity by creating a novel mechanism for assigning and transferring scarce digital property rights. But NFTs were born on blockchains, not in copyright law textbooks. The result is a persistent and growing mismatch between what an NFT conveys on-chain (a token and metadata pointing to media) and what copyright law governs (exclusive rights in creative works). This article examines the legal challenges that arise at that intersection: ownership vs. copyright, infringement and enforcement, marketplace and platform liability, smart contracts and licensing, moral rights and attribution, cross-jurisdictional enforcement, evidence and remedies, and policy options. It offers practical recommendations for creators, buyers, platforms, and lawmakers to reduce friction and protect both market innovation and authors’ legal rights.