Am I allowed to duplicate my NFT without the creator’s permission?

Select jurisdiction

Germany
  • Germany
  • Italy
  • France
  • Brazil

Germany

The German copyright law restricts the creator’s exclusive rights in certain cases (for example reproduction for private and personal uses, quotations, parody, reporting on current events). There can be certain cases like caricature, parody, or pastiche in which you can duplicate and even edit the work without the creator’s permission. But these are exemptions. In general, the answer would be no.

Stefan Ellenberg

IP

Italy

NFT is not duplicable. It is unique and cannot be duplicated, for any reason, on the blockchain. Duplication of the artwork embedded in the NFT is not allowed without the creator’s permission.

Lydia Mendola

IP lawyer

France

The NFT itself cannot be duplicated or copied due to its minting process. We therefore
understand the question as referring to the duplication (copy) of the underlying
artwork.
Under French law, the principle is that an artwork cannot be copied/reproduced
without the express authorization of its author. However, some exceptions are
provided by the French Intellectual Property Code, which notably allows the creation
of private copies.

Laetitia Nicolazzi

Intellectual Property

Brazil

If there is no expressed possibility, no. Although there is no specific regulation in Brazil regarding NFTs when establishing a parameter in accordance with the Brazilian copyright law, duplicating an NFT without the creator's consent would be considered a reproduction of unauthorized work, as the certificate would not be duplicated (as it is unique), but the art would be reproduced without permission.

Fabio Cendão

Intellectual Property and Innovation

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