Can I lease the utility of my NFT but keep the ownership?

Select jurisdiction

  • Germany
  • India
  • Brazil
  • Sweden
  • Nigeria
  • Poland


This depends on the above question of whether there is a property right to NFTs. Assuming
there is, the utility can be leased while keeping the ownership.

Johannes Arndt

Crypto: Private Law


Generally, it is not possible to lease the utility of an NFT while retaining ownership of the NFT. However, there are some interesting protocols underway to enable NFT owners to lease / rent their NFTs to others.

Garv Sultania

Web3 Regulations; Jurisdictions;


Yes, this is possible according to the legal agreement between the parties and their
freedom to establish its terms and conditions. That is similar to the Brazilian “usufruct” legal

figure, defined in the Brazilian Civil Code in the article 1.394, giving third parties the right to
possess, use, administrate and perceive rents even if they are not the owner.



Elvin Sababi

Regulatory and Compliance (including AML), NFT IP rights, Crypto taxation


Yes, this can be done where you are the original owner of the NFT and Utility,
and where the NFT Platform (marketplace) allows for it.

Ifeanyi E. Okonkwo

Intellectual Property & Commercial Law


Generally, Polish law recognizes the concept of "usufruct", which is the right to use and enjoy the income from property belonging to another, without altering its substance. This could in theory be applied to NFTs, but it would depend on the specific terms of the lease agreement, and it would be subject to the regulations of the specific platform or marketplace where the NFT is being leased.

Maciej Niezgoda

Intellectual Property, Data Protection, DeFi, Fintech, AML

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