Cointime

Download App
iOS & Android

Artists Weigh In on the Battle Over NFT Creator Royalties

In June 2021, during my first-ever interview with a prominent non-fungible token (NFT) collector, I learned about a Web3 silver bullet. As a freshly self-employed writer who left a salaried media job to pursue a freelance career, scarcity was on my mind.

I wasn’t preoccupied with the “good” kind of scarcity we talk about in Web3 (the kind that makes digital art more valuable due to a limited supply). I was, instead, concerned about the scarcity of resources available to creatives to protect their intellectual property (IP) – this includes writers like me who continuously generate new ideas for corporate entities that can then repackage, repurpose, republish and resell creative works in as many different forms as they’d like.

I chose self-employment after realizing that companies I’d written for in the past would forever have the right to turn my articles into newsletters, ebooks, social media threads, digital courses and more, yet I would never be entitled to additional compensation other than my fixed salary once that work was completed.

In a traditional creative industry, it often doesn’t matter how much value someone’s creative work generates. And unless you’re familiar with intellectual property designations or can afford skilled lawyers to negotiate on your behalf, artists are usually expected to create while big businesses handle the rest.

I soon learned that Web3 had already considered this dynamic and developed a tool to ensure NFT artists could continue to make revenue from their intellectual property. By utilizing smart contracts, artists could program lifetime royalties into all non-fungible token sales, which would automatically deliver a percentage of their profits to their crypto wallets in perpetuity.

Smart contract-based NFT royalties have been embraced by independent artists as a much-needed protection. But while smart contract-automated NFT royalties are the perfect Web3 antidote to years of creator exploitation, building the infrastructure to execute this vision has led to additional challenges.

The limits of smart contracts

Perpetual creator royalties are great in theory, though there are some logistical holes in enforcing them on-chain.

First, creator royalties are enforced by smart contracts, a type of blockchain-based code that executes instructions of a pre-determined agreement. In this way, smart contracts aren’t technically “smart” — the code is structured as a set of if/then conditions that execute according to specific inputs and triggers. Smart contracts are not a form of artificial intelligence (AI), because they don’t originate any generative outputs; the outcome can only be an option that has been predetermined.

Smart contracts aren’t technically contracts either. Governments aren’t obligated to recognize them as legally binding documents, whereas a contract between two individuals or corporations signed by both parties with lawyers present will always be valid in the eyes of a judge.

Ethereum co-founder Vitalik Buterin has even said he regrets giving smart contracts such a strong (and potentially misleading) title. He once said a more accurate description is “persistent scripts.”

Charlotte Kent, an arts writer and professor who wrote in April 2021 of the breakthrough potential of smart contracts, wrote almost a year later of our tendency to glorify them. “There’s a practical foolhardiness in the glorification of a sender/receiver model that eliminates all others, and an amusing foolishness in the assumption that smart contracts have actual legal standing,” wrote Kent.

Creator royalty controversy

Aside from the practical questions about smart contracts and creator royalties, there are the more economically driven issues that have surfaced in recent months. NFT marketplaces made headlines throughout the last quarter of 2022 for proposing to make creator royalties optional on their platforms in an attempt to attract more buyers. In November, a representative from the Solana-based marketplace Magic Eden told CoinDesk that switching to a royalty-optional model was meant to address “collectors’ need for low-fee NFT trades.” Several other marketplaces adopted similar policies to remain competitive.

Meanwhile, OpenSea doubled down on its commitment to royalty payments by blocking NFTs minted on OpenSea from being resold on secondary marketplaces that ban royalties. Skeptics theorized OpenSea’s tool was in actuality a covert attempt to keep all sales on its own platform, but OpenSea co-founder and CEO Devin Finzer responded by saying the move was an attempt to give artists more control over where their art is bought and sold.

“[Creator fees] are decided on a per-marketplace basis,” said Finzer. “Many marketplaces sprung up that decided not to honor creator fees.” In an attempt to circumvent these marketplaces, OpenSea launched a new set of smart contracts with advanced programmability.

Meanwhile, artists became vocal on social media and rallied on behalf of creators’ rights to control their own royalty structures. “We all talk to each other,” said prominent NFT artists and Deadfellaz co-founder Betty in a December 2021 interview with NFT-focused outlet NFT Now. “It came through the grapevine that [optional royalties] was going to happen, and we were all like — we need to act.”

Responses from the community

Many people attribute the no- or optional-royalties trend to low NFT trading volumes during the bear market, suggesting an exploitative, zero-sum mentality that prioritizes profits for centralized NFT marketplaces and speculative investors.

“As for OpenSea's back and forth, the way it has impacted artists like myself is that even though they've recanted their original intention on removing creator royalties to a certain degree, many are reluctant to mint on their platform,” said NFT nature photographer Lori Grace Bailey, who chose to mint a 50-piece edition on Sloika, a platform that Bailey says has “doubled down” on its commitment to protecting creator royalties.

There appears to be an expectation that artists (and loyal collectors) will simply migrate towards more creator-centric platforms. And compared to profile picture (PFP) community founders like Betty, one-of-one artists may feel as though they have less at stake, given that their art tends to circulate less on secondary marketplaces and therefore isn’t expected to generate considerable revenue through royalties.

“Royalties were, of course, one of the many aspects of NFTs that appealed to me,” said painter and NFT artist MJ Ryle. “As a one-of-one artist, it doesn’t impact me much. Primary sales can be challenging enough. Being in a position where royalties of secondary sales are a concern seems like a luxury to me!”

Meanwhile, musicians may have a unique take on royalties, says Steph Guerrero, head of marketing and business development at Legato.

“No other industry was affected by piracy like music was in the early 2000s,” Guerrero said, explaining that royalty payments suffered as streaming and torrent services gained popularity. “Musicians are already fighting for royalties of any use of music independent of Web3, but some big voices in the space are saying that musicians should only be paid through actual NFT sales, and in some cases, royalties only through secondary sales.”

She added that a royalty-optional or no-royalty model will put the onus on musicians to “constantly be creating in order to have revenue.”

What’s next in the creator royalty conversation?

After pushback from the artist community, several NFT marketplaces reversed course on their royalty-optional models.

Artists continue to have opinions about royalties and remain focused on advocating on behalf of creators. A favorite tool among artists is Manifold, a creator studio that provides the capability for code-free minting and customizable smart contract generation that protects royalties.

“I will continue to pursue any and all options, including minting pieces to my own contract via sources like @manifoldxyz, or on platforms that wholeheartedly reinforce their commitment to protecting creator royalties,” Bailey told CoinDesk.

NFT
Comments

All Comments

Recommended for you

  • U.S. Congressman Mike Flood: Looking forward to working with the next SEC Chairman to revoke the anti-crypto banking policy SAB 121

     US House of Representatives will investigate Representative Mike Flood's recent statement: "Despite widespread opposition, SAB 121 is still operating as a regulation, even though it has never gone through the normal Administrative Procedure Act process." Flood said, "I look forward to working with the next SEC chairman to revoke SAB 121. Whether Chairman Gary Gensler resigns on his own or President Trump fulfills his promise to dismiss Gensler, the new government has an excellent opportunity to usher in a new era after Gensler's departure." He added, "It's not surprising that Gensler opposed the digital asset regulatory framework passed by the House on a bipartisan basis earlier this year. 71 Democrats and House Republicans passed this common-sense framework together. Although the Democratic-led Senate rejected it, it represented a breakthrough moment for cryptocurrency and may provide information for the work of the unified Republican government when the next Congress begins in January next year."

  • Indian billionaire Adani summoned by US SEC to explain position on bribery case

    Indian billionaire Gautam Adani and his nephew, Sahil Adani, have been subpoenaed by the US Securities and Exchange Commission (SEC) to explain allegations of paying over $250 million in bribes to win solar power contracts. According to the Press Trust of India (PTI), the subpoena has been delivered to the Adani family's residence in Ahmedabad, a city in western India, and they have been given 21 days to respond. The notice, issued on November 21 by the Eastern District Court of New York, states that if the Adani family fails to respond on time, a default judgment will be made against them.

  • U.S. Congressman: SEC Commissioner Hester Peirce may become the new acting chairman of the SEC

    US Congressman French Hill revealed at the North American Blockchain Summit (NABS) that Republican SEC Commissioner Hester Peirce is "likely" to become the new acting chair of the US Securities and Exchange Commission (SEC). He noted that current chair Gary Gensler will step down on January 20, 2025, and the Republican Party will take over the SEC, with Peirce expected to succeed him.

  • Tether spokesperson: The relationship with Cantor is purely business, and the claim that Lutnick influenced regulatory actions is pure nonsense

     a spokesperson for Tether stated: "The relationship between Tether and Cantor Fitzgerald is purely a business relationship based on managing reserves. Claims that Howard Lutnick's joining the transition team in some way implies an influence on regulatory actions are baseless."

  • Bitwise CEO warns that ETHW is not suitable for all investors and has high risks and high volatility

    Hunter Horsley, CEO of Bitwise, posted on X platform that he was happy to see capital inflows into Bitwise's Ethereum exchange-traded fund ETHW, iShares, and Fidelity this Friday. He reminded that ETHW is not a registered investment company under the U.S. Investment Company Act of 1940 and therefore is not protected by the law. ETHW is not suitable for all investors due to its high risk and volatility.

  • Musk said he liked the "WOULD" meme, and the related tokens rose 400 times in a short period of time

    Musk posted a picture on his social media platform saying he likes the "WOULD" meme. As a result, the meme coin with the same name briefly surged. According to GMGN data, the meme coin with the same name created 123 days ago surged over 400 times in a short period of time, with a current market value of 4.5 million US dollars. Reminder to users: Meme coins have no practical use cases, prices are highly volatile, and investment should be cautious.

  • Victory Securities: Funding Rates halved and fell, Bitcoin's short-term direction is not one-sided

    Zhou Lele, the Vice Chief Operating Officer of Victory Securities, analyzed that the macro and high-level negative impact risks in the cryptocurrency market have passed. The risks are now more focused on expected realization, such as the American entrepreneur Musk and the American "Efficiency Department" (DOGE) led by Ramaswamy. After media reports, the increase in Dogecoin ($DOGE) was only 5.7%, while Dogecoin rose by 83% in the week when the US election results were announced. Last week, the net inflow of off-exchange Bitcoin ETF was US$1.67 billion, and the holdings of exchange contracts and CME contracts remained high, but the funding rates halved and fell back, indicating that the direction of Bitcoin in the short term is not one-sided, and bears are also accumulating strength.

  • Careers in Crypto: 5 Insights for 2024

    In an overwhelming job market, leaning into personal networks and connections are more important than ever. Emily Landon, CEO of The Crypto Recruiters, outlines what is happening in the crypto job market and how you can position yourself or your company in 2024.

  • Cointime August 10th News Express

    1. The U.S. Internal Revenue Service has released a new draft of the crypto tax form, which no longer requires filling in wallet addresses and transaction IDs

  • Adidas and Doodles collaborate to launch a limited edition NFT collection pack

    Sportswear giant Adidas is collaborating with Ethereum NFT series Doodles to sell virtual gift packages that support buyers in purchasing exclusive physical clothing. Adidas and Doodles stated in a joint statement that these limited edition collectible packages will be available for purchase before August 16th, with two items in each package. The Adidas Originals x Doodles online store shows that the retail price for a single package is $4.99, while the price for 2 to 100 packages ranges from $8.49 to $374.99.Some joint sets include physical collectibles featuring Deysi, the digital mascot in Pharrell Williams and Coi Leray's new song "Not in the Store". These collectibles include Deysi sportswear and Superstar shoes, with each limited to 200 pieces.