Virtual property

Building communities and ensuring NFT success: Insights for artists

Building communities has become more crucial than ever in today’s rapidly changing art space, especially with the rise of NFTs.

The importance of building communities cannot be underestimated in the rapidly changing art world, driven by technology and the explosion of nonfungible tokens (NFTs) in the last two years. An audience is a social media following, but a community is a group of people working toward a common goal.

Art market economist and academic Magnus Resch has extensively researched the importance of communities and networks for artists.

Resch holds a Ph.D. in economics and has studied at the University of St. Gallen, the London School of Economics and Harvard. In addition to lecturing at Yale, he has produced several publications about the economics of the art world. He has appeared in academic journals and major publications like The Wall Street Journal, The New York Times and Vanity Fair.

Resch recently spoke to Cointelegraph about his latest book, How to Create and Sell NFTs — A Guide for All Artists, which explores the importance of building meaningful communities for artists, and how to create and sell NFTs compatible with their artwork.

Cointelegraph: Dr. Resch, how important is community building for artists in today’s rapidly changing art world?

Magnus Resch: Community in the art world matters for the success of any artist, but being in the right one is even more important. In one of my most recent studies, I looked at thousands of communities in the art world to evaluate their impact on the success of any artist. The results were surprising: 99.9% of artists’ communities don’t have any positive effect on the career of an artist.

These communities — I call them “island networks” — consist of museums, galleries, fellow artists of the same level and fans or supporters. These groups mean well but will never make a real impact at the higher end of the market. Instead, there is only one network that leads to success. For an artist who strives to be successful, the goal must be to become part of it. I call it the “holy land.”

CT: Can you share some key strategies for artists to successfully tap into this one community you call the “Holy Land?”

MR: My study shows the art world is a people business. Who you know matters more than what you make. In the absence of objective criteria that define what “good art” is, the network steps in to decide what good art is and what is not. That is why networking is so vital.

For artists, this means don’t spend all your time in the studio. Go out and meet the right people, at best, those that are part of the holy land. Or put bluntly, artists are on their own and need to accept that they are entrepreneurs running a business. Branding, marketing and self-promotion are essential to their success and are more important than their art. Artists who are waiting to be discovered will fail.

CT: What role do social media and digital platforms play in helping artists connect with their audience and foster a sense of community?

MR: Social media is the most relevant marketing tool for artists. They cannot rely on galleries to do the job, as most galleries are part of island networks and close down after a few years. In fact, one-third of all galleries never make any profit.

Getting into the holy land is hard, as only a few spots per year are available. That’s why building a brand is so important for artists. The easiest way to do this is via social media: 45% of art buyers regard social media as the most important channel to discover and find artists. Visits to offline galleries only follow in second place. I argue any artist serious about making it in the art world needs Instagram.

CT: Has this changed with the rise of NFTs?

MR: Not at all. NFT projects have allowed artists to learn what is required to make it without the gallery support. We have seen that the most important pillar in any NFT project is the community. Failed projects have misinterpreted the community as an “audience.”

An audience is the following on social media. A community is a close circle, a tight-knit and active group of people working toward the same goal. They can assemble on social media, but it goes beyond that. Building a community is about building loyal members who are supportive of an artist’s idea. I believe in the future where artists will give their community voting rights, allow them to participate in projects, and exchange ideas and assets. This is considerably different from today’s audience that just “likes” and follows but doesn’t participate.

CT: Can you share some successful examples of traditional art institutions and galleries that have embraced NFTs and the impact it has had on their businesses?

MR: The biggest winner of the NFT hype were digital artists such as Beeple, Justin Aversano, and Jen Stark. Digital art never played a major role in the art market, being the least popular medium after paintings, sculptures and photography. And then suddenly, some of these digital artists neglected by the market made significant money and sold for record prices. The real impact of NFTs, however, is yet to come. NFTs will be the underlying technology to authenticate every artwork — and not just digital art. This will change how art is traded fundamentally. Without an NFT to prove that the work is real, nobody will buy the painting.

CT: What are the main implications of NFTs on the art market?

MR: So far, there have been none. We are only at the beginning of what’s coming. I predict that NFTs will have a lasting impact, which is fourfold: Artists will exert more control over their work and earn royalties from resales; more collectors will populate the market as it has become more transparent; institutions will find it easier to engage their communities, and give them ownership through participation and involvement in governance. And finally, the art market will become more regulated for the better and thereby increase in value. Clearly, this won’t happen overnight, as changes in the art world take time. We are looking at 5–10 years’ until NFTs become the standard of how artworks are transacted and authenticated.

CT: Can you discuss any common mistakes artists should avoid when entering the NFT space and how they can set themselves up for long-term success?

MR: Most artists will never enter the NFT space as NFTs are not art. And those overpriced, celebrity-endorsed JPEGs that often are associated with NFTs will go away. I don’t even think we will talk about the term “NFTs” five years from now, similarly as we don’t talk about mp3 anymore.

NFTs are the underlying technology that will be used whenever artworks are transacted. In the future, it is not unlikely that the artist will register every painting that leaves a studio on the blockchain. So when it’s traded, the artist not only gets royalties but also knows who the new owner is. This allows them to work more independently and not rely on galleries entirely to promote or authenticate their works. As a consequence, artists will earn more on every piece they sell.

CT: How can collectors effectively determine the value of artwork in today’s dynamic market, particularly with the emergence of NFTs?

MR: Most art is not a good investment. Almost all artists are stuck in island networks and will not see an increase in value. For collectors who are purely interested in making money, they should focus exclusively on artists and galleries who form the population of the holy land. However, if they are interested in collecting art for any other motive (and consider it a cherry on top if the artist increases in value), the whole art market can be their hunting ground.

CT: Has the price transparency and liquidity that NFTs facilitated changed this?

MR: Many of those who bought NFTs as an investment were not able to make a profit with them. They have moved on to other investments. And as the hype faded, the true winners were those who bought works that they liked and wanted to live with. Another phenomenon is visible, too; we are currently seeing the merger of the traditional art market and a few digital artists who had success during the NFT hype. Beeple, Dmitri Cherniak, Tyler Hobbs, Casey Reas, and Artblocks, who exclusively sold on digital platforms like OpenSea and catered to a crypto-native audience, have now started showing their works with established traditional players in the art market, such as Pace Gallery. A representation by Pace Gallery, which is part of the holy land, will help them to manifest their value, even after the hype and their crypto buyers are gone.

CT: If art is not a good investment, why should we buy it?

MR: After having done much data analysis on the art market, one strategy for collecting proven to be the most effective is to buy what you like, as most likely, you will never make any money with the art you buy. I call it “responsible buying” — the notion that buying art is not just an exchange of monetary value but also a philanthropic act. Rather than putting money into an asset, I donate it, knowing that, in all likelihood, I won’t be able to resell the piece. But, by buying it, I am supporting the artist so that she can continue creating art, which inspires her community to continue with this essential form of human creativity. To me, it is a way of doing good, and it comes with an object that I love and a story to tell.

Snow Crash manuscript that coined the term ‘metaverse’ to be auctioned by Sotheby’s

The manuscript is part of a larger series of physical and digital items related to the famous book.

The original manuscript of Neil Stephenson’s Snow Crash, the book that coined the term “metaverse,” will be auctioned by Sotheby’s, according to a page on its official website. The auction is part of a Feb. 23 series called “Infocalypse” that includes six physical and six digital items related to the famous book.

The original manuscript is in Lot 2 of the series. It is “wrapped in original Xerox 4200 Paper,” secured with masking tape, and contains “corrections and notations throughout in Neal Stephenson’s hand in blue ink.” It also has the title of the book written on the spine with a sharpie by the author.

A “revised typesetting manuscript” is also up for auction in Lot 4. This is a later version filled with additional handwritten notations and revisions by the author.

Other physical objects being auctioned as part of the series include the original painting used as cover art for the 1993 mass-market paperback edition of the book, a leather jacket that was to be used in a video promotion for the graphic novel, slides used for the graphic novel concept, and a real sword inspired by the one the book’s protagonist wielded.

In addition to these physical items, the series will also contain digital art NFTs inspired by the graphic novel concept that preceded Snow Crash.

Related: ApeCoin leads in NFT and metaverse market share, but is it sustainable?

Published in 1992, Snow Crash is set in a dystopia where most human beings live in small storage facilities. It follows the exploits of protagonist Hiro, a pizza delivery man who has to fight off bandits to deliver his pizzas. Hiro spends all of his spare time in a virtual world called “the Metaverse,” where citizens go to escape the misery of everyday life. But a computer virus causes residents of the Metaverse to become “nothing more than a jittering cloud of bad digital karma.” The plot of the novel revolves around Hiro’s attempts to figure out how to stop the virus.

The book has sold over 1 million copies in North America alone, according to the Washington Post. Since the book’s release, virtual reality enthusiasts have increasingly used Stephenson’s “metaverse” term to describe the emerging virtual world being created by virtual reality technology, and in recent years, it has become a frequently searched buzzword.

The rise of the metaverse has led to new career opportunities for some and has helped to reshape Web3 gaming.

Update (Feb. 23 at 9:45 pm UTC): This article has been updated to correct the number of copies of Snow Crash that have been sold.

Metaverse experience to sway real-world travel choices in 2023: Survey

A survey participated by 24,179 respondents across 32 countries reveal that nearly half, or 43% of the respondents, intend to use virtual reality to inspire their choices.

As borders open up following prolonged COVID-19-induced travel restrictions, the metaverse, one of the latest sub-crypto ecosystems, is set to help travelers decide on the destinations they want to experience in person, reveals a new survey conducted by Booking.com personally.

Popular online travel agency Booking.com surveyed 24,179 respondents across 32 countries, which revealed travelers’ strong interest in virtually exploring destinations as they decide on their itinerary. Out of the lot, people most likely to try out travel experiences in the metaverse were Gen Z (45%) and Millennials (43%).

Nearly half, or 43% of the respondents, confirmed their will to use virtual reality to inspire their choices. Among this group, around 4574 participants believe in traveling to new places only after experiencing it virtually.

Moreover, over 35% of the respondents are open to spending multiple days in the Metaverse to get the hang of the surroundings offered across popular destinations. According to Booking.com, supporting technologies such as haptic feedback will help improve this experience by allowing users to experience sandy beaches and tropical sun without stepping outside.

Most popular type of vacation. Source: Booking.com

However, 60% of the respondents believe that the experiences the Metaverse and virtual technologies offer don’t come close to in-person experiences. Some of the most popular destinations for 2023 include São Paulo (Brazil), Pondicherry (India), Hobart (Australia) and Bolzano (Italy).

Related: Metaverse ‘explosion’ will be driven by B2B, not retail consumers: KPMG partner

Tech giant Microsoft’s plan to step into the metaverse business hit a massive roadblock after the United States Federal Trade Commission (FTC) sought to block the acquisition of Activision Blizzard.

The acquisition of Activision Blizzard for $69 billion would have played “a key role in the development of metaverse platforms,” according to Microsoft CEO and chairman Satya Nadella. However, the FTC pointed out Microsoft’s anti-competitive practices, wherein the company limited the distribution of console games after acquiring rival gaming companies.

The metaverse is a new frontier for earning passive income

Those looking to earn passive income in the metaverse have several available options, but how profitable and durable these are isn’t yet clear.

When new technologies and platforms are created, there are incredible discovery phases in which economic activity eventually picks up and starts taking shape. The metaverse is arguably in that discovery phase, with many entrepreneurs finding ways to earn passive income on it.

As economic activity in the metaverse rises, new passive income opportunities are seemingly being created on a regular basis, as are opportunities to actively earn income. While what works and what doesn’t is still up for debate, there are some in the vanguard of metaverse passive income.

What is the metaverse?

Before digging into passive income opportunities in the metaverse, it’s first important to analyze what is actually is. The term “metaverse” has been one of the most popular buzzwords in the Web3 space over the last few months, while millions are moved in digital economies focusing on it.

The word “metaverse” comes from Neal Stephenson’s 1992 cyberpunk sci-fi novel Snow Crash. In the Web3 space, the term is used to describe a digital world where people actually own the assets within it.

The metaverse differs from past digital worlds, like those created in video games, through the use of nonfungible tokens (NFTs). These unique blockchain-based tokens can be freely traded by users but cannot be duplicated or copied. What can be done in the metaverse is still being explored, but so far, real businesses have been created within these metaverses.

Another defining characteristic of the metaverse is interoperability. Virtual worlds like that of popular videogame Roblox could be thought of as metaverses, but unlike the new, blockchain-based iterations, players don’t exercise control or ownership over their assets.

Various companies have been moving into the metaverse, with Walmart seemingly gearing up to enter the space, while fashion brands like Ralph Lauren and Gucci have signaled that virtual clothes could be a major growth area for them. Companies are entering the space as it grows rapidly and is expected to become an $800 billion industry within two years.

Given the potential size, earning passive income in the space could be a great opportunity. Taking advantage of passive income opportunities can be easy for those already deep into the metaverse, but how long each opportunity will allow entrepreneurs to earn isn’t clear.

Renting out metaverse land

One of the most well-known ways of earning passive income in the metaverse is by owning property in it and renting it out. Metaverse platforms like Decentraland and The Sandbox let users rent land for a fee to others.

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There currently isn’t a lot of data on what type of earnings metaverse landlords can expect, as that information isn’t being widely shared. Nevertheless, it’s known to be an attractive market as companies look to host events on the metaverse.

Pavel Sinelnikov, co-founder and CEO of Ethereum layer-2 scaling solution Metis DAO, told Cointelegraph that metaverses aim to achieve “digital land ownership and the ability to buy, sell, and rent land and other virtual items,” adding:

“Metaverses create an abstraction of real-life, where there is a living virtual economy in the game that is not locked and restricted to the digital domain, but instead extends outside of it; these are real and valued assets, holding value outside of the digital realm.”

According to Sinelnikov, the economies seen within metaverses like Decenraland and The Sandbox impact the “greater and real-world DeFi [decentralized finance] ecosystem,” while allowing for more interoperability opportunities.

Leasing assets

Another way to earn passive income in the metaverse involves leasing out assets, as some users may not want to directly purchase expensive NFTs.

One well-known example of NFTs being leased to other users to earn passive income comes from the popular game Axie Infinity. The game is based on NFTs called on Axies that were, at one point, rather expensive as the game’s popularity exploded during the bull market.

In the game, Axies were needed to compete and earn rewards in the form of Smooth Love Potion (SLP) tokens. Players who could not afford Axies would receive them from so-called team managers in exchange for some of the SLP tokens they managed to earn. The managers were, in essence, earning passive income from their Axies as other players — called scholars — used them to earn rewards. The practice was so popular that some “scholars” in Venezuela were making a living off of leased Axies.

Other metaverse assets can be leased, depending on the platform. Sinelnikov commented that lending, renting and asset fractionalization are interactions that have already been formed on the metaverse, with the best part about them being that “no single provider can restrict the usage or control the market, since the assets belong to you and not to an individual provider.”

Secondary market royalties

Some NFT artists have earned extensive royalties through the secondary market as their creations are traded among collectors. The same type of interaction is possible in the metaverse.

Prakash Somosundram, co-founder and CEO of blockchain game launchpad Enjinstarter, told Cointelegraph that “any wearable creator can earn royalties when the assets they create are sold on the secondary market.”

John Burris, chief of strategy at metaverse app IMVU, told Cointelegraph that the metaverse is “filled with opportunities to earn,” stating that while some metaverse worlds are play-to-earn and others “host gig-like economies,” almost all of them offer item creation and sales:

“With blockchain and NFTs we’ve finally unlocked a true ownership and royalty model where royalties can and will continue to flow back to the original creator, providing well-deserved passive income as those items change hands.”

Per Burris, the metaverse “serves as a great way for people to make money no matter who they are, or where they’re from, in the real world.” The ability to create, own and sell goods, he said, opens up opportunities to people that they would not get otherwise.

Virtual games

Gaming is one of the metaverse’s largest use cases, with most metaverse worlds either being completely focused on gaming or having a large portion of users focusing on it. Some involve gambling, while others generate their revenue in other ways.

Decentral Games’ ICE Poker virtual casino is one of the most popular metaverse gambling operations out there and since it’s based in the metaverse, a lot of the costs traditional casinos have aren’t present.

Other games, however, aren’t related to gambling at all. Some generate revenue through asset sales, secondary market royalties or donations. Roderik van der Graff, the founder of global investment firm Lemniscap, told Cointelegraph that one of the firm’s portfolio companies has launched a tower defense game to generate revenue through the metaverse.

The game is called Spark Defense and allows users to “monetize their land and complete quests to collect, earn and own NFTs which they can use across the game,” van der Graff said.

Advertising

Our final way to make passive income in the metaverse is through advertisements. Setting up large billboards in popular areas can draw in advertisers looking to get the crowd’s attention to sell their products or services, whether these are in the metaverse or outside of it.

Finding advertisers for these billboards may mean the income isn’t completely passive, as after a campaign ends, an advertiser may lose interest and the billboard owner may have to start looking for someone else to rent.

In fact, most of the options above are likely to require some involvement from the entrepreneur. Then again, true passive income doesn’t really exist, as even the most passive investments have to be monitored from time to time.

Is passive income in the metaverse worth chasing?

If generated income isn’t entirely passive, some may consider it not worth chasing, given the drawbacks. According to Burris, downsides include engaging in speculation and dealing with the volatility of the cryptocurrency space, as most transactions are conducted in either NFTs or crypto tokens:

“It’s important users and creators looking to create income in the metaverse examine the platforms and metaverses they use, and look at the product as a whole. Is the team experienced? Is the metaverse active? Can it sustain itself through economic downturns?”

Somosundram said that the sustainability of an income stream “depends on the success of the specific metaverse and/or game where you generate your passive income,” which may mean often moving on to another venture.

It’s also worth pointing out that entrepreneurs may end up betting on a metaverse world that is later on abandoned, making their investment worthless as every passive income opportunity in the metaverse relies on heavy traffic.

On the bright side, Somosundram said that passive income from the metaverse is a “great means of diversification along with traditional financial instruments,” and there can be a rapidly expanding number of opportunities out there as the metaverse industry grows.

As exact figures aren’t widely shared, it’s up to entrepreneurs whether they want to bet on the metaverse and start building their income streams on it or whether they prefer to focus their attention elsewhere. Those who risk making it in the metaverse may have to innovate to stand out, however.

Making it in the digital world

While renting property or a digital billboard won’t require significant innovation, some of the more prolific earners are taking different approaches. Somosundram told Cointelegraph the story of a Singapore-based entrepreneur that created a GameFi guild that built up a pool of assets to lease for a fee.

In another potential example, he pointed to tattoo artists using a service to “mint wearable tattoo art that generates passive income from the secondary market royalties.”

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Burris noted that on the platform he represents, there are “over 200,000 active creators, making over 350,000 new items for sale every month.” He stated:

 “As more and more people spend their time in virtual worlds, and begin looking toward it as a way to earn a living, it’s important to have both passive and active income opportunities — just like in the real world.”

Whether entrepreneurs want to move forward with passive income ideas for the metaverse, it’s worth pointing out that there are no guarantees that the time or money invested will generate returns, as the space is constantly evolving.

Economic activity in the metaverse is still at an embryonic stage, as many are still figuring things out. As the metaverse evolves, new opportunities will likely present themselves the same way they’re presenting themselves in the broader cryptocurrency space.

Bitcoin better than physical property for commoners, says Michael Saylor

Saylor underscored the high maintenance costs and taxes linked with owning and inheriting physical property over the long term, which in the case of Bitcoin, does not exist.

MicroStrategy CEO and Bitcoin (BTC) advocate Michael Saylor doubled down on his support for Bitcoin as he explained the issues related to transferring the value of physical properties such as gold, company stocks or equity and real estate during the Australia Crypto Convention.

Speaking about the underlying proof-of-work (PoW) consensus mechanism, Saylor highlighted that Bitcoin is backed by $20 billion worth of proprietary mining hardware and $20 billion worth of energy. 

He then pointed out that traditional assets such as gold (in high quantity) and land are nearly impossible to carry forward across geographical boundaries, adding:

“If you have a property in Africa, no one’s gonna want to rent it from you if they live in London. But if you have a billion dollars of Bitcoin, you can loan it or […] rent to anybody in the world.”

Saylor further underscored the high maintenance costs and taxes linked with owning and inheriting physical property over the long term, which in the case of Bitcoin, does not exist. Geopolitical tensions across the world also determine the type of assets one would be allowed to carry forward across jurisdictions. He explained:

“Bitcoin represents a property that you can acquire in small pieces that you can carry with you anywhere you go. You can give to your children’s children’s children’s children. And in 250 years, maybe your family still owns the property.”

According to Saylor, only royalties such as King Charles III have the liberty to pass down their wealth without worrying about being taxed away “unless it’s Bitcoin.” The entrepreneur reiterated that the Bitcoin network has not been hacked for over 13 years and is currently “the most secure network in the world.”

On an end note, Saylor emphasized the regular upgrades being made on the Bitcoin network to make it faster and more secure, along with innovations around layer-2 and layer-3 applications.

Related: Possession of Bitcoin still legal in China despite the ban, lawyer says

Bloomberg analyst Mike McGlone recently opined that Bitcoin is a “wild card” that is well-positioned to outperform stocks as traditional finance inches toward a recession.

McGlone took it to social media platforms, including LinkedIn and Twitter, to state:

“Bitcoin is a wild card that’s more ripe to outperform when stocks bottom, but transitioning to be more like gold and bonds.”

As Cointelegraph reported, the analysis notes that while Bitcoin would follow a similar trend to treasury bonds and gold, Ether (ETH) “may have a higher correlation with stocks.”

A16z proposes a set of licenses especially for NFTs, based on Creative Commons model

The six licensing templates devised by VC firm Andreessen Horowitz are irrevocable and amendable, and give creators the power to set five variables for the future use of their works.

Venture capital firm Andreessen Horowitz (A16z) announced Wednesday that it had devised a set of six licenses tailored to nonfungible tokens (NFTs) that are based on the model pioneered by Creative Commons. Like Creative Commons licenses, there is a range of rights available through a variety of the proposed NFT licenses, titled Can’t Be Evil licenses.

In a blog post, A16z general counsel Miles Jennings and general partner Chris Dixon wrote that, while some NFT creators use Creative Commons licenses and others customize their terms, many NFT projects have no licenses or poorly drafted licenses, leading to copyright and other legal issues. NFT buyers, they added, usually have no idea what rights they receive with their NFTs.

The new set of licenses have the following goals:

“(1) to help NFT creators protect (or release) their intellectual property (IP) rights; (2) to grant NFT holders a baseline of rights that are irrevocable, enforceable, and easy to understand; and (3) to help creators, holders, and their communities unleash the creative and economic potential of their projects with a clear understanding of the IP framework in which they can work.”

The licenses also aim to make creators responsible for the use third-party material without permission.

The licenses are amendable and irrevocable. They provide varying rights across five categories: Copy, Display & Distribute, Hate Speech Revocation, Commercial Use, Modify & Adapt and Sublicense. They are available as smart contracts on the a16z crypto GitHub under the most permissive Creative Commons license.

Related: Will intellectual property issues sidetrack NFT adoption?

The common lack of clarity on NFT ownership rights has led to disappointed buyers and has threatened to create “a wave of litigation. The situation has attracted the attention of the United States Congress. In June, two senators requested that the U.S. Patent and Trademark Office and the U.S. Copyright Office prepare a study of the issues surrounding NFT intellectual property rights.

Six reasons why blockchain makes sense for commercial real estate: Deloitte

The study reveals that blockchain technology is well-positioned to take over more than 50% of the entire leasing and sale process across commercial real estate.

Solutions built around blockchain technology offer several upfront benefits, including a censorship-resistant, irreversible distributed ledger. Deloitte’s study revealed blockchain’s position as a perfect fit for real estate use cases around leasing and selling.

Blockchain innovations often outdo traditional systems by not only digitizing information but also introducing a near real-time trustless environment, among other features. Big Four accounting firm Deloitte uncovered six opportunities for blockchain to disrupt the commercial real estate (CRE) industry.

The above infographic highlights six key pain points for CRE owners when leasing and selling their properties and maintaining complex transaction data. With this in the backdrop, Deloitte noted six opportunities for blockchain to serve the industry, which include improving processes around searching for properties and allowing people to make better decisions around leasing and purchasing.

Due to paperless processes, Deloitte envisions blockchain expediting property and payment evaluations and better-streamlining cash flow management. In addition, the technology’s inherent qualities also offer cheaper means of managing property ownership history while enabling efficient processing of financing and payments.

The study reveals that blockchain technology is well-positioned to take over more than 50% of the leasing and sale process, excluding steps requiring physical intervention such as property inspection and loan negotiations. Deloitte noted:

“Blockchain seems to be most applicable to dynamically configurable or co-sharing spaces, which have a relatively higher number of tenants and shorter duration leases.”

While Deloitte’s report reaffirms blockchain’s potential to drive transparency, efficiency and cost savings for commercial real estate owners, companies and CRE owners are advised to follow a three-step approach — educate, collaborate or create, facilitate — in determining the best way ahead for blockchain implementation.

Related: Nonfungible tokens don’t live on the blockchain, experts say

While nonfungible tokens (NFTs) have been advertised as blockchain-based technologies, experts contradict the notion.

Speaking to Cointelegraph, Jonathan Victor, the Web3 storage lead at Protocol Labs, revealed that main chains are very limited in size, which in turn makes storing data on the blockchain to be expensive. As a result, NFT ecosystems often opt for off-chain storage solutions.

Alex Salnikov, the co-founder of Rarible, confirmed the above claim as he told Cointelegraph:

“It is important to understand that the NFT living in a user’s wallet only points to the file it represents — the actual file itself, also known as an NFT’s metadata, is typically stored elsewhere.”

Despite the revelation, both experts noted that storage for NFTs can still be considered decentralized.

Will intellectual property issues sidetrack NFT adoption?

In posting NFT artwork on social media, a new owner could be breaking intellectual property laws. A “wave of litigation has already begun.”

The rapidly growing but loosely regulated nonfungible token (NFT) industry already touches many areas of human endeavor “from academia to entertainment to medicine, art, and beyond,” wrote recently two United States senators in a letter to the U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office. The legislators were requesting a study to explain how this emerging technology fits into the world of intellectual property (IP) rights, including copyrights, trademarks and patents. 

It is an area that some say is marked by ambiguity and inconsistent application of the law, and sometimes indifference from the courts. “Many feel it is time for Congress to step in and provide the predictability needed for innovation to flourish,” Michael Young, partner at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, told Cointelegraph.

The joint study that senators Patrick Leahy and Thom Tillis requested from the agencies, due June 2023, has as background a recent slew of high-profile lawsuits — Nike v. StockX, Hermès v. MetaBirkins and Miramax v. Quentin Tarantino — that raise some sticky questions about NFT creation, ownership and dissemination.

In one case, an NFT was minted — without permission — featuring sneakers with a Nike Swoosh. In another, NFT-related digital images were created of Hermès’ Birkin handbags, covered in fur, not leather, but also unlicensed. In a third, a famed movie director created NFTs from a film he directed but didn’t own. 

A “wave of litigations has already begun for trademarks and copyrights, and courts are grappling with applying principles crafted long before the NFTs existed,” Anna Naydonov, partner and co-chair with Young of Finnegan’s Blockchain, NFTs, and Other Digital Assets industry group, told Cointelegraph.

“The lack of clarity surrounding patent subject matter eligibility for software remains a top concern for NFTs and other crypto-based innovations in both the U.S. and abroad,” said Young. Much the same could be said about trademark and copyright issues, especially the secondary liability of marketplaces like OpenSea, as well as metaverse virtual worlds and similar platforms where copyright infringement can occur, added Naydonov.

Still, not all agree that new legislation is needed. Some believe that government intervention in the U.S. and elsewhere would be not only superfluous but could stifle NFT adoption and innovation.

Is current law sufficient?

The real problem, as Gina Bibby, partner at Withers Bergman LLP, told Cointelegraph, could simply be “a lack of education about what NFT ownership really means.” A key thing that people seem to overlook is that: 

“Absent a contractual agreement — e.g., smart contract — that expressly includes intellectual property (IP) rights, purchasing an NFT does not convey any copyright, patent or trademark rights or even ownership interests in the physical world asset on which the NFT is based.”

Are there, arguably, some false ideas out there about NFT ownership and puzzlement over who can do what?

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“Yes,” Eric Goldman, associate dean for research and professor at Santa Clara University School of Law, told Cointelegraph. “In the offline world, the buyer of a painting or sculpture doesn’t automatically buy the associated copyrights.” That is unless the copyright is separately transferred, the artist or sculptor “can commercialize depictions of the art/sculpture and prevent the chattel owner from doing the same.” Even if the average consumer isn’t always aware of this, the U.S. Copyright Act expressly states:

“Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied.”

Goldman sees “a lot of erroneous claims” being made these days to the effect that “that owning one piece controls the other,” i.e., the NFT owner controls the IP or the IP owner controls the NFT. People often fail to recognize that, just as in the physical world, a piece of art and the item’s copyright are often owned by two different people, so too “an item of IP and its NFT can and often will be owned by two different people.”

Growing pains of a new industry?

But, every new technology brings with it novel questions, and maybe the current debate is just another example of technology moving faster than the law. Will regulators and lawmakers struggle to keep pace with changes?

“It’s the opposite,” Joshua Fairfield, a professor of law at Washington and Lee University, told Cointelegraph. “The law is already in place and has been for hundreds of years. Property is one of the oldest disciplines of law. There is no reason at all that someone cannot own an NFT like we own cars, houses, stocks, or the money in our bank accounts — after all, each of those property interests is also an entry in a database of who owns what.”

The problem here, Fairfield continued, is that intellectual property law grew to overshadow personal property interests online, telling Cointelegraph:

“If I own a book, I own the copy, despite the fact that the book contains copyrighted material. But online, I don’t own an e-book because too many courts only recognize the intellectual property interest.”

That is beginning to change now, however, as courts recognize that intangible assets like domain names or NFTs are no different from any other kind of personal property interest that we want to own, added Fairfield.

In Goldman’s view, the problem here “is similar to the issues about domain name ownership we wrestled with a quarter-century ago.” A domain name can be a piece of personal property even if it’s not protected by trademarks, he said, predicting that “the non-IP rules developed to protect those domain name owners will help resolve NFT ownership disputes.”

Bibby, for her part, doesn’t agree that intellectual property law has grown to overshadow personal property interests online. “When intellectual property laws are applied in a thoughtful and measured way, other interests including personal property interests are likely to be respected.”

Confusion along these lines isn’t restricted to NFTs, of course. A decentralized autonomous organization (DAO), SpiceDAO, recently paid over $3 million at auction for the unpublished manuscript for the Dune film, intending to make an animated limited series about the book for a streaming service.

Then it learned, too late, that in the U.S. and Europe, buying a manuscript of creative work does not grant the buyer its copyright too. SpiceDAO was ridiculed on Twitter, among other places, for its oversight. As Andrew Rossow, a technology attorney and Ohio law professor, told Cointelegraph in February:

“The Spice DAO and Dune fiasco was a landmark in its own right that sends a very powerful message to everyone involved in the NFT space — creator or owner. The $3-million mistake that was made proved that intellectual property’s dominion in digital fine art is essential to its success and longevity.”

Asked about needed clarifications, whether through laws or other means, Fairfield answered that people need to know the owner of an NFT owns the copy of the photograph or artwork, “just like we own a car or a painting or a book, and can sell it and capture its rise in value regardless of attempted restrictions hidden in license agreements.” 

“Right now, when people put millions of dollars into an NFT, they’re being told they don’t even own the right to capture the rise in value. That makes investment unsustainable,” he said. What is needed is “recognition that ownership of an NFT is an ordinary everyday ownership of personal property,” added Fairfield, further explaining:

“It means NFTs pass to heirs after death. If an NFT is stolen, the owner can go to court to get it back. If an NFT is damaged or destroyed the owner can get its value from the person who did it. An owner knows that they will be able to capture the rise in value of the NFT if it turns out to be a good investment.”

Rising fraud could prompt a crackdown

Some believe that there are risks if governments get too aggressive with regulatory and legislative reforms in emerging technologies. “Government intervention into new technological arenas always creates a risk of misregulation that harms or hinders the development, especially when the technology is rapidly evolving or the government regulators don’t understand the technology,” noted Goldman. 

But, the status quo may not be sustainable here because at present, “NFTs are being used to perpetrate consumer fraud,” added Goldman. “When the fraud numbers are large enough, the government must intervene to protect consumers.”

This, in turn, could lead to over-regulation. “Unfortunately, the fraudulent angles of NFTs have a real risk of overshadowing the activities of the legitimate NFT players. The legitimate players are potentially going to be hurt by government crackdowns even though they were doing the right thing all along,” Goldman said.

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“Such risks always exist, which is why intellectual property and marketing lawyers in this space hope that the U.S. Patent and Trademark Office, the U.S. Copyright Office, the Federal Trade Commission and/or legislators work closely with key industry stakeholders to understand the main legal challenges and the technology behind NFTs, and come up with workable solutions,” said Young. Naydonov added that “regulation and legislation without input from the industry could set the U.S. back as compared with other jurisdictions.”

“People need to be educated”

Bibby, however, sees no need for wholesale legal reform. What is required instead is “a discussion about what we currently know about NFT ownership,” she told Cointelegraph. People need to be educated and understand that a basic NFT purchase brings with it no copyright, trademark or patent rights — unless express language declares otherwise. She added:

“Throughout modern history, laws have been tested by innovation and survived. The U.S. Constitution is a perfect example. The real need is to understand how existing intellectual property laws apply to recent innovations like virtual assets, including NFTs, virtual goods and the like.”

Moreover, decisions in several pending court cases, including Nike v. StockX and Hermès v. MetaBirkins, will probably be sufficient to “resolve many of these outstanding questions,” Bibby told Cointelegraph.

Meanwhile, the senators gave the USPTO and Copyright Office until June 9, 2023, to complete their study, but given the breathtaking speed at which NFTs and digital assets are being created and disseminated, the market itself might provide some answers before the agencies’ joint work ever sees the light of day.