Are NFTs Illegal?

In Canada, copyright protection extends to NFT, too. However, the definition of a “work” is different in every jurisdiction. Canada, for example, extends copyright protection to “creative works and related works.” As a result, creators need not apply for these protections. Instead, they are granted by the state upon creation of the work. However, some jurisdictions don’t grant copyright protections to any works. 

Copyright law

Despite the confusion over copyright law and NFT, there are certain key similarities between these two technologies.

First, they both involve the sale of copyrighted artwork. In other words, both NFTs and traditional works are protected under the Copyright Act. Second, NFTs are digital, meaning that their physical existence is not essential to their copyright status. However, both are vulnerable to infringement and must be protected accordingly.


The Regulation of Non-FungibleTokens (NFT) may not be as clear-cut as it seems. The MAS must consider the substance of the asset before it can regulate it. NFT’s, by definition, are not traditional securities, and the MAS’s remit does not encompass all of them. As a result, regulators in some jurisdictions may not regulate them at all, even though they are similar in many ways. 


Fraud is a growing problem in the crypto markets. While cryptocurrencies have become more popular, NFTs are no exception. In fact, a J5 document released last week lists 24 red flag indicators of fraud in the NFT market. Listed are the following: non-existent contract addresses, missing project details, re-used code within NFT, and potential money laundering transactions. All of these are red flags for fraud. 

What is ownership of an NFT? 

An NFT is a digital token on a blockchain that represents a unique item, such as a digital artwork or physical asset. Ownership of an NFT confers unique rights on the holder. NFTs have a controversial history, but there are several ways to support them. One way is to donate to a NFT project. Alternatively, you can buy or sell NFTs from other users. 

Resale royalty payments

Resale royalty payments are a great way for artists to generate additional revenue from their art. This type of payment can be a big bonus for artists because it can generate millions of dollars for the artist over the course of their career.

While NFTs may have different terms and conditions, the general rule is that the resale royalty will start with each subsequent sale. This way, artists can structure their NFT contracts to charge fees and assign a royalty on resales.


The Legality of NFT is a hot topic in the cryptocurrency market today, and the legalities of its ownership are still somewhat murky. While room-clearing court decisions will help owners and litigants navigate these waters, it is better to spend time understanding the market and identifying opportunities. Julian Pipolo is an Australasian lawyer with experience in internal legal innovation programs and procurement of legal start-ups. He has also acted as an investor in several start-ups and is an expert in blockchain technology.


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