NFT: Why can't I right click, copy image.. and sell that copy?

Errr because you could go to jail...?

Ok that's being dramatic and most probably incorrect because I am absolutely not a lawyer. So this is NOT legal advice. However this mini article is in response to a client asking a very simple question: 'If I have bought a NFT, why can't i right click, save a copy of the image and then sell that copy?'

Great question! And it forced the 'trainer and educator' in me to try and provide a simple, helpful answer in a non-technical way. So here is my amateur, first attempt response. PS: If you are reading this and have a view, PLEASE add a comment and help shed more light/ correct me if I am saying something incorrect - thank you)

So let's equate buying an NFT of an art image to buying a physical painting that the artist (or their agent) is selling. So when you buy a painting, you own that specific physical asset. But you DO NOT own the copyright of the art. The copyright of the original work is still the property of the artist.

So you buying the physical painting means that you can display it, sell it, loan it... but it does not entitle you to make further physical copies of it and sell those copies. The right to do that remains with the copyright owner.

And it's the same for NFTs as far as I can understand this space. Quite often, we buy an instance of the original art and can then display, sell the specific piece we bought, loan it but we do not own the copyright of the original (unless it is sold to you by the artist). So I cannot right click, copy as another image and sell it onwards!

And the other thing is that there is a major misconception that the NFT is the art or digital image itself. Actually most often, the NFT is simply a connection or link to the place where the actual asset is! Think of NFTs like a property registration certificate that you get when you buy a property. The certificate simply confirms you are the owner of that specific property and it can have data on it that can help you locate the property (like the address of the property) - but the certificate is not the actual physical property itself. So even if someone right clicks an image and saves it, they can't really sell that asset on a NFT marketplace because they don't have the corresponding certificate of ownership with it. So they can't really copy the NFT per se (hope this is somewhat clear?)

Now things are complicated as the world of NFTs is confusing, full of small print and there is no clear regulation governing these things. And hence there are many copyright infringements and a lot of noise on this issue.

Simple suggestion to avoid hassles: When buying, selling, or creating an NFT, please read the terms and conditions the marketplace has with regards to the listing or buying the NFT. Especially the small print on copyright. Quite often (not always), the creator will retain the copyright and not assign it to you even if you buy its NFT. But do your own homework! I repeat this is NOT legal advice

It is only a matter of time that solutions to this copyright issue get sorted but till then: Caveat Emptor!

Here's to innovation...

P.S.: A great article and one of the sources for me that explains things in more and better detail: https://postergrind.com/is-nft-art-protected-by-copyright-law/