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.
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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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.