When I operate a minting platform, do I need to check before the mint that the NFTs do not infringe/violate third-party rights?
Select jurisdiction
Germany
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.
Netherlands
When operating a minting platform, the level of responsibility for checking whether NFTs infringe or violate third-party rights may vary depending on the platforms’ role. If you actively curate the NFTs on your platform, such as selecting the NFT projects, you may have a greater responsibility to ensure that the NFTs do not infringe or violate third-party rights before the mint. You should conduct a general check to ensure compliance with relevant laws.
On the other hand, if your platform takes on a more passive role, providing a technical service without exerting significant control over the NFTs, you don’t need to check upfront if the NFTs infringe or violate third-party rights. However, if you become aware of any illegal activities or infringing content associated with the NFTs, you should promptly take appropriate action to address the issue (“notice and take down procedures”).
Brazil
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.