Will I be able to still use and monetize the IP of the NFT after I sold it?

Select jurisdiction

  • Germany
  • Brazil


In principle: no. However, there is an exception: In case you sell an NFT (and the
underlying artwork), rights granted to third parties (=sublicense) during the time of your
ownership of the NFT and the artwork, if you have the right to grant such rights, will
continue to be in force and effect also after you sold the NFT (Sec. 33 of the German
Copyright Code).
In consequence, the earlier owner may receive and keep revenues paid in respect of
such sublicenses. Such earlier sublicenses are considered an encumbrance of the IP.
However, the former owner may not grant any new licenses after it sold the NFT (and
the underlying art).

Oliver Scherenberg

IP and licensing


This will depend on the conditions established in the contract, which may give the limits and rules in case of resale. If it is linked to the token itself, then yes. If it is linked only to the first buyer, then no.

Fabio Cendão

Intellectual Property and Innovation

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