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NFT Artists: Are Royalties the Future or a Pipe Dream?

OpenSea, the world’s largest non-fungible token exchange, has indicated that it will take a middle ground on “royalties” paid to NFT developers after months of silence. The ruling is expected to alter an ongoing debate over whether these digital goods should be required to pay “creator fees” when resold (which benefits artists) or if the practice should be abandoned entirely (which is better for traders).

The new “on-chain enforcement” tool from OpenSea is essentially a piece of code that NFT developers can incorporate in their smart contracts to ensure they continue to earn a percentage of the proceeds whenever an NFT is sold. This contradicts the pattern of markets such as X2Y2, LooksRare, and SudoSwap, which have abandoned or scaled back their royalty program.

Royalties were touted as a way to help a new class of producers who would otherwise be shut out of the growing value of their work when the NFT standard was launched in 2018, according to OpenSea CEO Devin Finzer in an accompanying blog. However, no realistic framework was in place at the time to provide this type of continuous compensation.

To entice builders, OpenSea and other early-to-market NFT exchanges incorporated “creator fees.” It started a big part of NFTs’ value proposition: it only takes a few stories about artists going hungry as the value of their work rises to grasp why royalties paid out in secondary marketplaces would be enticing.

“Until now, the primary thesis for this fantastic technology has been ensuring that artists are recognized for their work,” Bobby “Bobby Hundreds” Kim, co-founder of fashion label The Hundreds, stated on Twitter. This concept, on the other hand, has received a lot of support from exchanges (and on the good graces of buyers to not find ways around it).

Beginning this summer, several NFT exchanges began to abolish royalties or treat them as optional extras that buyers may pay. This plainly infuriated many NFT artists who had grown to rely on the financial flow, especially given the market downturn. Eliminating or decreasing royalties benefits both exchanges and purchasers, who are both hurt by the bear market’s lowered trade volumes.

While Bobby Hundreds is likely true that “abandoning creator royalties throws the entire goal of Web3/NFTs off,” the act itself may be helpful to the business.

First, as previously stated, NFTs do not make regular payments to their original developers (though they could be upgraded to do so if there was the will). By making tipping optional, trades are more in line with actual technology rather than cultural expectations. Because it is unlawful to generate or sell NFTs under false pretenses, the only way for royalties to work 100% of the time would necessitate unanimous agreement.

Second, NFTs are a general-purpose technology capable of performing a variety of jobs. Paying 5%-10% fees to companies like Ticketmaster if they adopt the technology on time appears heinous. NFT makers and market participants take several kinds. Traders were already devising strategies to avoid royalties while operating on razor-thin margins and fluctuating price floors.

Artists have boycotted some exchanges that have moved away from royalties. According to Decrypt, X2YX’s trading volume fell from 11,540 ETH on Aug. 26, the day it suspended royalties, to 547 ETH. “A month ago, when given the option, about 75% of NFT buyers elected to pay royalties on [X2Y2],” Punk 9059 tweeted. “That figure is now approximately 18%.”

The new OpenSea tool makes it simple for developers of new NFT collections to ban non-royalty trades. Some have labeled this measure as anti-competitive. It’s blatantly self-serving, and a ruse to earn favor with the outspoken NFT artistic community. Given the technology behind NFTs, it appears to be a plausible solution.

“We believe that the far better approach is for existing creators to discover new types of monetization and alternate means of compelling consumers and sellers to pay creator fees, and to ensure that future collectors enforce creator payments on-chain,” said Finzer, CEO of OpenSea. Exchanges, such as Blur’s token airdrops to fee payers, can create mechanisms that encourage tipping.

(OpenSea’s on-chain infrastructure for new or editable collections will go live on November 8th.) It will decide whether to expand the tool to current collections and request community comments on and through December 8.)

Although there are convincing arguments in favor of indefinite creator fees, relying on exchanges to finance this system has always been untenable. The industry should foster a culture in which tipping is expected. Nobody can expect the rules to be followed until they are codified. This has always been at the heart of cryptocurrency.

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