Legal and Regulatory Considerations When Dealing with NFTs in Sports

NFTs (Non-fungible tokens) are an emerging class of digital assets. They have piqued the interest of both consumers and investors. Athletes, celebrities, and artists have started exploring NFT technology to monetize their brand, image, or work. Even though this asset class is in its infancy, legal and regulatory challenges that transpire around it are genuine. This article outlines critical legal considerations and implications related to NFTs in sports for athletes as they plan and implement their NFT plan.

Determining Whether an NFT is a Security or Not?

NFT makers aren’t the only ones who have to worry about whether or not an NFT is considered a security. Operators of NFT exchanges must also evaluate this problem carefully. If an NFT exchange platform makes a market for an NFT that is a security without adhering to regulations, it might face SEC penalties for running an unregistered securities exchange.

NFT and Rules and Regulations

Copyright Law

The assumption is that, for instance, when you buy an NBA Top Shot Moment or one of the recently released Pelé NFTs, you are just purchasing ownership in the NFT and not its copyright.

A buyer does not have copyright ownership unless there is a formal contract with precise conditions specifying that the seller has assigned the copyright to the buyer. What exactly does this imply? It implies that a customer can’t lawfully produce copies of NFTs or sell, license, or transfer the NFTs’ copyright. On the other hand, a buyer must seek evidence that a seller owns an asset and has the right to create NFTs of the content. In summary, purchasers need to understand the conditions of sale detailed by an NFT marketplace. They must know what they’re purchasing and what kind of rights that they have gained.

NFTs and Name, Image, and Likeness (NIL) Rights

Indeed, the efforts to permit NCAA players to profit off their name, image, and likeness are growing. Currently, collegiate athletes are not allowed to receive any pay.

However, things may change soon as states have started enacting their NIL legislations, along with proposal submission at federal levels. Sooner or later, college athletes can collect remuneration for their name, image, and likeness through blockchain and NFT-enabled marketing partnership, collaboration, and endorsement contracts.

Conclusion

As NFTs grow in popularity, sports leagues and individuals will have more options to sell themselves, and thus, they must be prepared to deal with legal implications.
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