Does the linked digital asset contract satisfy the legal conditions of transfer of ownership?
Under German Copyright Law a transfer of ownership, which means the transfer of all rights is not possible. Certain rights (mostly personal rights / Droit moral) will always remain with the creator of the work linked with the NFT. It is possible though to transfer all of the usage rights, which comes close to the “ownership”. If a written contract is not mandatory by law (as this for example is the case if unknown usage rights shall be transferred) the “ownership” can be transferred by way of a linked digital asset contract.
This question is arguable and will depend on the specific facts of each situation. Although a
transfer of ownership will usually need to be written and signed by both parties, there is a
possibility that the transfer can occur via electronic means, if all conditions are respected.
The best advice here would be to chat with a lawyer who understands NFT licensing and smart
contracts, especially if you’re selling NFTs with high value, to ensure that the smart contract
effectively satisfies the legal conditions of transfer of ownership.