Can I transfer the ownership of my NFT but agree with the new owner that it stays in my wallet?
It is generally not possible to transfer the ownership of an NFT while agreeing that it will stay in your wallet. When an NFT is transferred, the ownership of the digital asset is transferred from one person to another. This transfer of ownership is typically done through a blockchain platform or marketplace that supports the buying and selling of NFTs. As part of this process, the NFT is typically moved from the seller’s wallet to the buyer’s wallet. This transfer of ownership is an essential part of the process, and it is not possible to transfer the ownership of an NFT without also transferring the NFT itself.
An ownership of an NFT can in a legal perspective be defined in more ways than one, as it stands
at the moment, because no legislation in Denmark specifically mentions or defines NFTs.
Therefore, it would be possible, to transfer ownership of some intellectual property rights of a
specific NFT from person 1 to person 2, without the NFT itself being transferred from person 1’s
wallet to person 2’s wallet.
Like above mentioned, theoretically, if the parties both agree on these terms and
sign a contract, there should not be a problem. However, the transfer of ownership in the
blockchain is made by sending an NFT from one wallet to another. If that is not the case, then
there is no actual transfer being made, and the buyer would rely on a new contract.
There is currently no law that forbids this. Under copyright law, an author who
transfers ownership retains authorship rights (referred to as moral rights) to
continue to be named as the author of the work and to maintain the integrity of
the work from distortion against the original purpose of the work. Where such
rights are breached, the author can sue the later owner for infringement and
claim damages similar to what an owner can claim.
Generally, under Polish law, when an NFT is sold, the ownership is transferred to the buyer and the seller loses the right to control or access the NFT. However, it is possible to include specific terms in the contract of sale that would allow the seller to retain control or access to the NFT after the sale. These terms would have to be agreed upon by both the buyer and the seller and would have to be legally enforceable in Poland.