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Non-Fungible Tokens (NFT) Resources

Latham's cross-disciplinary team helps creators, platform operators, investors, and other innovators understand and navigate legal issues related to NFTs, including digital ownership and intellectual property issues, e-commerce, royalty collection and payments models, and unique contracting and financial regulatory issues.

Learn more about NFTs and how Latham’s globally interconnected practices can help meet the opportunities and challenges that NFTs present with the resources below.

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Key Legal Considerations in Commercial Rights Licenses for Content-Based NFTs

As content-based NFT projects seek to provide NFT owners with value beyond being scarce collectibles, they should consider whether to grant owners rights to commercialize the content underlying the NFTs.

September 20, 2024

SEC Reels in Fishy NFT Project

In its third action involving NFTs, the SEC targets a restaurant membership token tied to fundraising and promises of potential price appreciation for buyers.

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February 01, 2024

Can It Be a Commodity if It’s Not Fungible? Evaluating NFTs Under the Commodity Exchange Act

Understanding NFTs as commodities calls for a more nuanced analysis than what their “non-fungible” label might suggest at first glance.

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September 21, 2023

SEC Continues Enforcing Against NFT Projects

In its second action involving NFTs, the SEC targets an offering tied to fundraising and promises of future value.

August 30, 2023

SEC Targets NFTs as Securities for the First Time

In its first enforcement action involving NFTs, the SEC focused on issuer marketing that promised outsized returns on investment and platform building.

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May 18, 2023

Fintech Blog — Bored Apes Scores Win in Protecting Its Trademarks

In a major Web3 trademark infringement case, NFT creators prevail over those with a bad-faith intent to profit.

April 03, 2023

Key Legal Considerations in Commercial Rights Licenses for Content-Based NFTs

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November 17, 2022

The Law Commission of England and Wales Proposes to Classify NFTs as Data Objects

NFT creators and consumers should evaluate the legal and commercial considerations of NFTs that are linked to copyright work.

November 17, 2022

Dubai Financial Services Authority Issues New Regime to Regulate Crypto Tokens

The regime introduces rules on various crypto tokens, including cryptocurrencies and stablecoins, in the Dubai International Financial Centre.

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September 21, 2022

The Book of Jargon® — Blockchain, Crypto & Web3 Now Available

Mobile and desktop reference tool defines nearly 600 industry terms.

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August 09, 2022

The UCC Gets a Digital Asset Refresh

A new Article 12 and amendments to Article 9 regarding “controllable electronic records” would govern transactions and security interests in digital assets.

August 25, 2022

Legal Implications of the Ethereum Merge and Potential Ethereum Proof-of-Work Fork

Ethereum’s transition to proof of stake presents opportunities and pitfalls for certain digital assets and tokens built on the network.

August 23, 2022

Blockchain Networks Beginning to Allow Enforcement of Court Orders

Bitcoin Association for BSV will release software to facilitate court orders to freeze stolen or lost coins, while some courts recently authorised service proceedings by tokenised airdrop.

June 08, 2022

Hong Kong Securities and Futures Commission Issues Statement on NFTs

The SFC issued a statement to clarify its regulatory approach in relation to non-fungible tokens and remind investors of related risks.

March 15, 2021

IP Implications of Selling Creative Works Tied to Non-Fungible Tokens

As the market heats up for art-related NFTs, buyers should be aware of limitations on their rights to use those works.

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March 12, 2021

NFTs: But Is It Art (or a Security)?

As the market for NFTs heats up, market participants should remain mindful of the regulatory implications of complex schemes.

August 16, 2021

NFTs and the Right of Publicity: Assessing the Legal Risks

NFT creators should craft strategies to avoid minting or auctioning NFTs that use the likeness of an individual without their consent.

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Webcasts

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Understanding NFTs & Their Legal Implications

Latham lawyers discuss how NFTs function, as well as implications related to IP, regulation, and securities laws across the US, the UK, and Asia-Pacific.

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Latham and Andreessen Horowitz Honored for Best Provider Collaboration

Development of “Can’t Be Evil NFT Licenses” wins recognition at The American Lawyer Industry Awards 2023.

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NFTs 101

Data & Technology Transactions partner Christian McDermott introduces the basics of non-fungible tokens (NFTs) in this short infographic video.

February 1, 2024 Client Alert

Can It Be a Commodity if It’s Not Fungible? Evaluating NFTs Under the Commodity Exchange Act

Understanding NFTs as commodities calls for a more nuanced analysis than what their “non-fungible” label might suggest at first glance.

March 24, 2023 Event

NFT.NYC 2023

Latham is excited to sponsor NFT.NYC in New York City on April 12-14, where partners Ghaith Mahmood, Nima Mohebbi, and Steve Wink will speak about legal issues related to NFTs.

January 23, 2023 Our Work