When I operate a minting platform, do I need to check before the mint that the NFTs do not infringe/violate third-party rights?
This depends on the mechanics of the platform.
If it is a curated platform where the NFT projects are selected personally and added manually
by the operator, a general check of compliance with applicable laws is necessary upfront.
But if it is a platform where the NFT projects are added automatically or at the initiative of the
users of the platform, the usual notice and take down procedure applies. This means that the
platform operators may basically rely on the legality of the NFT projects but need to take
action as soon as they become aware of a possible infringement.
There is no legislation with this provision, but the ideal is for the platform to establish
rules in its policies, in order to prohibit the availability of NFTs that violate the rights of third
parties, considering that, in the event of any liability, the platform can demonstrate that has
acted in good faith.