When you buy an NFT (non-fungible token) in the Netherlands, you own the token on the blockchain, but not the copyright in the artwork it points to. Under the Dutch Copyright Act (Auteurswet) copyright stays with the maker unless it is transferred in writing, so what you usually receive with the token is a licence; only an explicit written transfer gives you the copyright itself.
The licence terms, not the transaction on the chain, decide what you may do with the work. This article explains the split between token and work, how Dutch contract and property law treat NFTs, and how disputes are handled.
What do you own when you buy an NFT?
You own the token, but you only get a licence to the work. Under Dutch law an NFT is not a tangible thing (zaak) as defined in Article 3:2 of the Dutch Civil Code (BW), but a transferable property right (vermogensrecht) under Article 3:6 BW.
The token is a unique entry on a blockchain that you control with your wallet: you can hold it, sell it or transfer it. The creative work behind it, such as a digital image, music file or video, is a separate object, and your rights to it depend on the licence the creator grants.
| Legal aspect | The token | The underlying work |
|---|---|---|
| Ownership | You own it and can sell or transfer it. | The creator normally keeps the copyright. |
| Use | A record on the blockchain. | Only what the licence allows. |
| Commercial use | You may sell the token. | Usually not allowed unless the licence says so. |
| On resale | The token passes to the new buyer. | The buyer gets the licence as far as the terms allow. |
Compare it with a signed print of a photograph. You own the paper and may sell it, but you may not make and sell copies, and the photographer may still sell other prints.
How does Dutch copyright law apply to NFTs?
The maker of an original work holds the copyright from the moment of creation, without registration. Minting and selling an NFT does not transfer that copyright.
Under Article 2(3) Auteurswet, a transfer of copyright or an exclusive licence must be agreed in writing, and the transfer itself requires a deed under Article 3:95 BW. A marketplace listing that calls the buyer “the new owner of the art” therefore transfers no copyright. See our guide to intellectual property law in the Netherlands.
What does a typical NFT licence allow?
Most NFT licences allow personal, non-commercial use and forbid commercial exploitation. You find the terms in the marketplace listing, in a linked document, or sometimes in the smart contract.
A typical licence lets you show the image on your social media profile, use it as an avatar, or print one copy for your home. It usually forbids merchandise such as T-shirts, use in advertising, and altering the work. If the terms are unclear, assume your rights are narrow, because anything beyond the licence infringes the copyright that the maker kept under the Auteurswet.
Do moral rights still protect the artist after a sale?
Yes. Under Article 25 Auteurswet the maker keeps his moral rights even after transferring the copyright, including the right to be named and the right to object to changes or to a distortion that harms his honour or reputation.
A buyer may therefore not alter the work or present it in a context that damages the artist’s reputation, even if the NFT licence is broad.
How does Dutch contract law shape NFT transactions?
Buying an NFT is a contract formed by offer and acceptance under Article 6:217 BW. The marketplace listing is usually the offer, your purchase the acceptance, and the smart contract performs the exchange.
The code rarely covers warranties, usage rights or dispute resolution. Those follow from the terms of sale and the marketplace’s general terms and conditions, which Dutch courts interpret by the Haviltex standard (ECLI:NL:HR:1981:AG4158): what the parties could reasonably expect from each other.
Which consumer rules apply?
Because an NFT is not a tangible thing, the rules on the sale of physical goods do not apply. Since 2022, however, Book 7 BW (from Article 7:50aa) contains rules for contracts under which a trader supplies digital content or a digital service to a consumer.
The rules on unreasonably onerous terms in general terms and conditions also apply to marketplace terms. Under Article 152 of the Dutch Code of Civil Procedure (Rv), a court weighs evidence freely: a transaction hash proves what happened on the chain, but not which rights the seller was entitled to grant or what was agreed off-chain.
How are NFT disputes handled?
An NFT dispute is in most cases an ordinary contract or copyright dispute. The first step is usually a written notice of default (ingebrekestelling) with a reasonable deadline, because under Article 6:82 BW the other party is only in default once that deadline has passed without performance.
The blockchain record is useful evidence: every transaction and timestamp can be shown to the court. The bigger problem is often identifying a pseudonymous counterparty and deciding which court has jurisdiction.
How do you identify an anonymous counterparty?
Since 1 January 2025 the right to inspect or obtain copies of data about a legal relationship is in Article 194 Rv, which replaced the old Article 843a Rv. You need a sufficient interest, and the holder of the data may refuse for compelling reasons.
A platform established outside the Netherlands is often bound by its own choice of law and forum. Read those clauses in the marketplace terms before you buy, not after a dispute has started.
Which disputes are most common?
- Counterfeit NFTs: the seller sold a token linked to a work he had no rights to. You can claim dissolution of the contract and repayment, plus damages.
- Copyright infringement: someone minted your work without permission. You can demand that the infringement stops and claim compensation; see how to handle intellectual property disputes in the Netherlands.
- Unpaid royalties: a resale royalty coded in the smart contract is only enforceable against a party that agreed to it, and many marketplaces do not enforce coded royalties.
Which tax and anti-money laundering rules apply?
Tax treatment depends on the activity, not on the technology, and the Dutch Tax and Customs Administration (Belastingdienst) publishes the current rules each year. A business that sells NFTs may owe VAT (btw), active trading may be taxed in Box 1, and an investor declares NFTs as assets in Box 3.
Law & More does not give tax structuring advice; for your return, follow the current guidance of the Belastingdienst or a tax adviser. Under the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act (Wwft), crypto platforms must identify their customers and report unusual transactions to FIU-Nederland, so expect an identity check on a compliant platform.
MiCA (Regulation (EU) 2023/1114) in principle does not cover crypto-assets that are truly unique and not fungible. Large series or fractionalised NFTs may fall under it; read more in our article on crypto and blockchain law under MiCA.
What should you check as a buyer?
- Read the licence terms: personal use only, or commercial use as well?
- Check the seller’s identity and track record, to avoid counterfeits.
- Check that the smart contract address matches the one the creator published.
- Check where the artwork file is stored and whether the link will survive if the marketplace closes.
- Keep screenshots of the listing, the terms and the transaction hash.
What should you check as a creator or seller?
- Define the licence scope precisely: what the buyer may and may not do.
- If you transfer the copyright, do so in a written deed; otherwise state that you keep it.
- Warrant in your terms that you made the work and may sell it.
- Agree resale royalties in the terms of sale, not only in the code.
- Choose the applicable law and the competent court in your terms.
- Check your VAT position with the Belastingdienst before you start selling.
What can we do for you with NFT ownership rights?
Our IT lawyers advise creators, buyers and platforms on NFT transactions.
- We draft or review NFT licence terms and terms of sale.
- We draft a written copyright transfer or exclusive licence when rights must change hands.
- We send a notice of default to a seller who sold a counterfeit or does not perform.
- We take action against unauthorised minting of your work.
- We request data from a platform under Article 194 Rv to identify a counterparty.
Summary
- Buying an NFT gives you the token, not the copyright in the work.
- Copyright can only be transferred in writing and by deed (Article 2(3) Auteurswet, Article 3:95 BW).
- The licence terms decide what you may do with the work; moral rights stay with the maker (Article 25 Auteurswet).
- An NFT is a property right, not a tangible thing; digital-content rules protect consumers.
- Disputes start with a notice of default (Article 6:82 BW); data can be requested under Article 194 Rv.
Frequently asked questions
What happens to my NFT if the marketplace shuts down?
The token stays in your wallet, because it is recorded on the blockchain, not on the marketplace servers. The risk is the link to the artwork: if the file was hosted by the marketplace, the token may point to a dead link.
Can I use an NFT as collateral for a loan?
In principle yes. An NFT is a transferable property right under Article 3:6 BW and can be pledged. How the pledge must be created depends on the classification of the NFT, so have the pledge agreement drafted carefully.
How is fractional NFT ownership structured?
Co-owners usually share the NFT as a community of property (gemeenschap) under Book 3 BW. Agree in writing how decisions are taken, how proceeds are split and what happens if a co-owner wants to sell.
Can I sell merchandise with the artwork of my NFT?
Only if the licence expressly allows commercial use. Without that, printing the work on products infringes the copyright that the maker kept under the Auteurswet.
