Cointime

Download App
iOS & Android

The Whole NFT Royalty Ecosystem Is a Giant Disaster, but It Was Also Inevitable Given the Market Size

for quite some time now, the topic of royalties (aka artist royalties or creator royalties) has been dominating the NFT space. Mostly, it’s been general arguing and bickering on Twitter and elsewhere, but yesterday OpenSea made a move that’s going to really push this into the next level. Whether it turns out to be a good or bad move is up for debate. Here are the basics on this whole issue, at least from my own perspective.

Background on NFT Royalties

My very first article on NFTs came out on April 2, 2021, just a few weeks after the famous $69 million Beeple NFT sale (the mind-boggling event that launched my own obsession with NFTs). In that article, I noted that NFTs “were conceptualized way back in 2014 by a tech guy and an artist — Anil Dash and Kevin McCoy (story here in The Atlantic) — specifically as a way to help artists.”

Helping artists has always been at the core of NFTs. And, at the time of their invention, the initial push of that whole thing was the novel creation of a unique digital asset — something that was not fungible (by virtue of it being singularly tokenized on the blockchain). Dash and McCoy apparently initially thought of NFTs as “monetized graphics,” according to that Atlantic piece.

And years went by with little fanfare aside from various at-the-time minor NFT projects like the crypto punks (which anyone back then could have grabbed for free). And then in 2021 the whole thing blew up Big-Bang-style, first with that Beeple sale, and soon after with generative sets like the Bored Apes.

Once 2021’s market took off, most of the action transpired on OpenSea, still the largest marketplace for NFTs. And thankfully, OpenSea implemented a royalty system. When you had a collection, you would specify a royalty that you wanted (up to 10%) and anytime an NFT sale happened from that collection, a wallet address specified by the collection owner would receive the specified royalty. (Well, it didn’t happen in real-time like that, but that was the basic concept.)

Now, it might be a fair question to ask: “Why was it ever up to the marketplace to setup this royalty system instead of just having that whole thing be dictated by on-chain code, as part of NFTs themselves?” In fact, I think this is a great question.

The answer is that it kind-of can’t be part of the system (speaking for Ethereum, anyway). That’s because, as the owner of an NFT, you’re free to do what you like with it, including transferring it to others (or to other wallets of your own) for free if you like. (A good article about this is “Why NFT royalties are almost impossible to enforce on-chain” by MK Manoylov, in which a dev named Nicholas notes that “… as long as you allow the holder of the NFT to send the NFT to another address, it’s impossible to stop a marketplace from using that function to do the transaction.”)

So it’s super-cool that OpenSea built royalties into their initial functionality, as they didn’t have to do it. But I think at the time of OpenSea’s initial rise into the stratosphere, the space was different. It was young and idealistic, and the emergence of a dominance by investors and flippers hadn’t yet taken hold. What had begun as a concept years before (with experimental sets like the punks) had transitioned into a focus on projects with exceptional art (like the Bored Apes).

But royalties became big business. The most relevant article on this currently would be one that came out a few weeks back from Galaxy Digital entitled “NFT Royalties: The $1.8bn Question.” In it, they highlight figures from the top 10 earners:

  Source: https://www.galaxy.com/research/insights/nft-royalties/. Reminds me, btw, that I once had Galaxy execs calling *me* for some pretty exciting web3 dev work. Which was super cool, as I was familiar with one of the execs there. Had a few meetings that I thought were going somewhere, but nothing materialized. I guess the market changed too much. Ahh well…  

So yeah, that’s a whole lotta cash ($1.8 billion in all so far) paid out by a system that was/is, technically speaking, completely voluntary. Considering this, the NFT space was for a surprisingly long time a huge free market in which mega-player OpenSea had little significant competition. Couple that with (1) there clearly being room to form additional profitable marketplaces with lower fees than OpenSea, and (2) whatever you want to call the notion of increasing profitability for sellers (and maybe also lowering prices for buyers) all at the expense of denying creators / artists a (voluntarily paid) requested share.

Regarding item (2) above, is “greed” the word there (speaking of the motive of so many users to not pay creator royalties)? Sounds greedy to me, as I’m all for rewarding creators and artists. But indeed, these other marketplaces popped up and started taking market share away from OpenSea.

It should also be noted, of course, that we’re also in the midst of a particularly bizarre time, which has played into this in complicated ways. We’re still in a difficult / extended bear market at the moment, crypto is all over the place and moving wildly in unexpected ways, the industry had a big crash today with the FTX exchange, oh and to top things off, it’s a major U.S. election day as well, which could send all markets (stock, crypto, etc.) in any direction depending on the outcome.

11/6/22: OpenSea Reacts

A few days ago, OpenSea reacted to the royalty issue with a blog post called On Creator Fees. I’d encourage all interested to read that post, but the big takeaways, action-wise, are:

  • As of today (Nov. 8), “OpenSea will enforce creator fees only for new collections that use [OpenSea’s] on-chain enforcement tool.” Their tool is called an “Operator Filter Registry” (Github repo here) which works by checking whether an NFT contract allows sales by marketplaces that do not enforce royalties. (You have to manually add those marketplaces’ contracts to your own contract, showing that you’re blocking them.) If you’re blocking sales via those other marketplaces, then OpenSea will give you your creator royalty; if you’re not blocking them, then no royalty for you on OpenSea either. (Kind of reminds me of the “No soup for you!” episode of Seinfeld.)
  • For those who deployed prior to today (11-8–22), you’re an “existing collection.” OpenSea says they’ll not make any changes to their treatment of these until at least December 8, 2022. After that, what they do is “wide open” according to their post. So, we just don’t know yet.

UPDATE: On 11–9–22, OpenSea issued an updated policy stating that they will indeed enforce royalties on existing sets. Thrie thread on this is here.

It’s been a controversial move, as some likely see it as going against the anything goes ethos of decentralization. And others may have novel approaches of their own that don’t require changes to smart contracts. But, OpenSea is the biggest player and they’ve got a lot of power. So, if you want royalties from them, then you have to implement their Operator Filter Registry. Otherwise, the only royalties you’ll get would be from whatever other marketplaces offer them — and those are currently minor outliers.

One thing I can definitely note, having been on 20+ ETH generative NFT drops to date, is that royalties represent a significant line item in most team’s budgeting (sometimes the only source of revenue, for example with free-mint projects). Yes, there are other monetization possibilities aside from royalties, but basically post-sellout, the most significant source of operating income depended on by teams is royalties.

So, at this point, it seems like adopting this new on-chain tool is what most generative NFT sets will wind up doing. That’s a bit of a tough thing for sets getting ready to launch at this very moment, as we don’t really know exactly what’ll happen in the coming months, and it might be beneficial to wait a little bit and see how this issue evolves in the near-term. (Indeed, I have a few projects who are opting to postpone mainnet deploys for a bit.) Time will tell!

NFT
Comments

All Comments

Recommended for you

  • Iranian Navy Launches 88th Wave of 'True Commitment 4' Operation

    On March 31, the Islamic Revolutionary Guard Corps (IRGC) of Iran announced that at dawn today, the IRGC Navy initiated the 88th wave of the 'True Commitment 4' operation, delivering significant strikes against multiple U.S. and Israeli targets in the Persian Gulf and surrounding areas. The announcement stated that the IRGC Navy used ballistic missiles to hit an Israeli container ship in the central waters of the Persian Gulf. In a subsequent series of coordinated strikes, a U.S. Marine Corps outpost along the UAE coast, an anti-drone system deployed by the U.S. Fifth Fleet near Bahrain's Manama Airport, and two advanced early warning radars located at a U.S. military base in Kuwait were all precisely and destructively targeted by drones. The announcement emphasized that the Strait of Hormuz is now completely under Iran's strict control, and any hostile provocation will face retaliation from missiles and drones. (CCTV International News)

  • Iran's Revolutionary Guard Claims Attack on Ship in Gulf Region

    According to Tasnim News Agency: The Iranian Revolutionary Guard stated, 'We have attacked a ship in the Gulf region.' (Jinshi)

  • Dubai Releases Regulatory Framework for Crypto Derivatives

    On March 31, the Dubai Virtual Assets Regulatory Authority (VARA) released version 2.1 of the 'Trading Platform Service Rules Manual,' which clarifies the methods for licensed crypto companies to offer crypto derivatives trading in Dubai. The framework covers requirements such as customer suitability, leverage and margin controls, asset segregation, disclosure standards, and regulatory intervention authority. This framework applies to licensed Virtual Asset Service Providers (VASP) operating in Dubai.

  • 360 Smart Agent Discovers High-Risk Vulnerability in OpenClaw, Potentially Affecting 170,000 Instances Worldwide

    On March 31, according to Guoshi Direct, it was reported by 360 Digital Security Group that its independently developed 360 multi-agent collaborative vulnerability mining system has discovered a high-risk vulnerability in the OpenClaw platform—specifically, a local file exposure vulnerability due to MEDIA protocol prompt injection bypassing tool permissions. This vulnerability has been officially confirmed by the National Information Security Vulnerability Database (CNNVD) and affects over 50 countries and regions worldwide, with more than 170,000 publicly accessible OpenClaw instances facing security risks. The core risk of this vulnerability lies in the fact that the MEDIA protocol operates at the output post-processing layer, allowing it to completely bypass platform tool policy controls. Even if agents disable all tool calls, attackers can initiate attacks solely based on basic member permissions in group chats, directly stealing sensitive information from servers, which could easily lead to subsequent cyberattacks.

  • Tehran Hit by New Wave of Attacks, Multiple Explosions Reported

    On March 31, according to CCTV News, at 5:51 AM local time on March 31, the Iranian capital Tehran was hit by a new round of airstrikes. Multiple explosions occurred in Tehran.

  • A-shares Trading Volume Exceeds 1 Trillion Yuan

    On March 31, the trading volume of the Shanghai and Shenzhen stock markets exceeded 1 trillion yuan, a decrease of over 40 billion yuan compared to the same time the previous day.

  • BTC Surpasses $68,000

    Market data shows that BTC has surpassed $68,000, currently priced at $68,028, with a 24-hour increase of 2.12%. The market is experiencing significant volatility, so please ensure proper risk management.

  • Spot Gold Rapidly Rises, Surpassing $4,570

    Spot gold has seen a short-term increase, rising by 1.3% and surpassing $4,570 per ounce.

  • Trump Willing to End Iran War Despite Closure of Strait of Hormuz

    On March 31, the Wall Street Journal reported that U.S. government officials revealed President Trump has indicated to his aides that he is willing to end military actions against Iran even if the Strait of Hormuz remains largely closed. This move could extend Tehran's firm control over the waterway and leave the complex task of reopening the strait for later. Recently, Trump and his aides assessed that reopening this crucial passage would push the conflict beyond the four to six-week timeline he has set. Trump has decided that the U.S. should achieve the primary goal of weakening Iran's navy and missile stockpiles while gradually ending current hostilities and applying diplomatic pressure on Iran to restore free trade. Officials stated that if this approach fails, Washington will pressure its European and Gulf allies to lead efforts to reopen the strait. They noted that Trump could also opt for a military solution, but this is not his current priority.

  • US Stock Index Futures Rise as Reports Suggest Trump Willing to End War Without Opening Strait

    On March 31, US media reported that Trump is willing to end the war without opening the strait, leading to a short-term rise of 1% in the three major US stock index futures, with the Nasdaq currently up 0.5%. WTI crude oil quickly erased its intraday gains and turned negative, while gold saw a slight increase, with its gains expanding to 0.7%.