When I make a direct sale with no use of a platform but wallet-to-wallet, can I avoid secondary sales royalties?

Select jurisdiction

  • Germany
  • Brazil


Since to date most NFT projects do not have the secondary sales royalties in their
smart contract and the most commonly used standards (as of September 2022 when
this text was written) also do not foresee such code language, a wallet-to-wallet sale
should not trigger secondary sales royalties.

Oliver Scherenberg

IP and licensing


It is possible that, technologically, this does not allow the distribution of royalties. However, if there is a payment rule, this may be a legal violation, subject to liability and collection, if the transaction and those involved are identified.

Fabio Cendão

Intellectual Property and Innovation

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