NFT Marketplaces and Secondary Sale Royalties: Smart Contracts, Copyright, and Contractual Expectations
This article examines these questions and provides practical guidance for creators navigating the current landscape. We analyze the technical mechanics of smart contract royalties, their legal limitations, and the marketplace dynamics that led to their erosion. We assess potential legal theories for enforcing royalty expectations and consider legislative proposals that could establish more durable frameworks for creator compensation. For creators structuring new NFT projects, we offer guidance on maximizing protection within current constraints. For related discussion of intellectual property challenges in digital environments.