No. An NFT is a token on a blockchain. Minting one doesn’t show who made the artwork, and owning one doesn’t give you the copyright in it. A joint US Patent and Trademark Office and Copyright Office report says ownership of an NFT and ownership of copyright in the associated work are separate. A file timestamp is a different kind of record: it shows that an exact file existed no later than a certain time. Neither one proves authorship on its own. Artists who want a dated record of their original files can timestamp them, and keep their process files too.
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What an NFT records
An NFT is a record on a blockchain, usually pointing to an image, video or other file stored elsewhere. The token shows who controls the token. It doesn’t show who created the work the token points to.
Anyone can try to mint an NFT of someone else’s work. The USPTO and Copyright Office’s report to Congress on NFTs and intellectual property notes that “there is little in the associated technology that provides a guardrail against the unauthorized creation of an NFT associated with a third party’s work”. It adds that if minting makes a new copy of a copyrighted work, it may implicate the copyright owner’s right of reproduction.
NFTs and copyright
The same report says transferring an NFT “does not necessarily entail” transferring the associated asset or copyright in the underlying work. It compares this with buying a painting: owning a particular copy is separate from owning the copyright. Whether a sale gives the buyer any rights depends on whether the parties made a valid agreement to transfer or license them.
In the US, a transfer of copyright ownership “is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed” (17 U.S.C. § 204(a)). Other countries have their own rules. The practical point is the same everywhere: look at the written terms, not just the token.
NFT vs file timestamp
| NFT | File timestamp | |
|---|---|---|
| What is recorded | A token, usually linked to a file stored elsewhere | A fingerprint of an exact file |
| What it shows | Who controls the token | That the exact file existed no later than the recorded time |
| Shows who made the work? | No | No |
| Gives copyright? | No, unless a written agreement says so | No |
| Is the file made public? | Often yes, or linked publicly | No, only a fingerprint is recorded |
| Can it be checked against a file? | Only if the linked file is the original | Yes, against the exact file |
Why artists mix them up
Both use a blockchain, so both sound like “proof”. The difference is what goes on the chain. A timestamp puts a fingerprint of your original file on the chain, so the date is tied to the exact file you hold. An NFT puts a token on the chain, and the link between the token and the artwork depends on who minted it and what they pointed it to.
Also remember that a date alone doesn’t show authorship. If someone mints your work before you do, their token has an earlier date than yours. Your evidence is your original files and your process, with a dated record made before you share anything. See how artists show when they made something and does posting your work online prove you made it first?
If you sell NFTs of your own work
- Timestamp the original file first. Keep the unedited original, the layered file and your sketches.
- Say what the buyer gets. Put the rights in writing: display, resale, commercial use, and whether copyright stays with you.
- Keep your process files. See how to prove a Procreate illustration existed before a date and how to prove a Photoshop file existed before a date.
- Keep your own copies. Proof services do close, so keep your files and any proofs yourself. See proof services that have closed.
TimeBinder® records your file’s fingerprint on the Bitcoin blockchain. The fingerprint is made in your browser, and the file stays on your device. A TimeBind shows when the file existed and still matches. It doesn’t show you made it or own it. See how to protect your work from AI tampering.
Frequently Asked Questions
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Does minting an NFT prove I created the artwork?
No. Anyone can mint an NFT, and the technology doesn’t check who made the work. A token shows who controls the token, not who is the artist.
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Does buying an NFT give me the copyright?
Not automatically. The US government report says NFT ownership and copyright ownership are separate. A written agreement is usually needed to transfer or license rights.
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Is a timestamp better than an NFT as proof of creation?
They do different jobs. A timestamp ties a date to your exact original file without publishing it. It still doesn’t prove authorship, so keep your process files as well.
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Can I timestamp art and still sell it as an NFT?
Yes. Timestamping records only a fingerprint and doesn’t stop you selling the work in any form.
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What if someone minted my art without permission?
Gather your original files, drafts and dated records, and take legal advice. Platforms often have a takedown process for reported infringement.
Date your original art first
Your first Pooled TimeBind is free, with no credit card required. After that, TimeBinds start from US$5, and an ASAP TimeBind is US$15. See plans and pricing
