NFT, Web3 and Digital Asset IP in Italy: A 2026 Legal Guide for Artists, Musicians, Producers, and Brands

After the speculative excess of 2021-2022 and the contractions of 2023-2024, the NFT and Web3 sectors have settled into a more mature operational phase by 2026 — with substantially clearer regulatory frameworks, more sophisticated infrastructure, and persistent legitimate use cases across art, music, film, fashion, and gaming. The EU MiCA Regulation (Regulation 2023/1114) is now fully applicable, providing the structural framework for crypto-asset markets. Italian Law 132/2025 adds national-specific provisions. And the persistent copyright misconceptions around NFTs — that ownership of an NFT confers ownership of the underlying intellectual property — continue to generate disputes. This guide covers the legal framework for NFTs and digital assets in Italy.

For the broader copyright framework, see our master pillar guide. For blockchain-specific copyright, see our blockchain copyright guide. For art law, see our art law guide.

What an NFT is (and isn’t)

A non-fungible token (NFT) is a unique cryptographic record on a blockchain, typically associated with a specific digital asset (an image, audio file, video, document, or pointer to off-chain content). NFTs are technically:

• Tokens on a blockchain — most commonly Ethereum, with growing infrastructure on Polygon, Solana, and others;
• Unique — each NFT has a distinct identifier, distinguishing it from fungible tokens (cryptocurrencies);
• Transferable — ownership records change with blockchain transactions;
• Associated with content, but typically the content itself is not stored on-chain (which would be prohibitively expensive). The NFT contains a reference (URL, IPFS hash) to the actual content.

What an NFT is not: ownership of the underlying intellectual property. This persistent confusion drives most NFT legal disputes.

The copyright misconception

The most consequential misunderstanding in NFT markets: buying an NFT does not, by default, transfer copyright in the underlying work. Under Italian and EU copyright law:

• Article 110 LDA: copyright transfer requires written form. NFT purchase via smart contract does not automatically constitute written transfer of copyright unless the smart contract specifically incorporates licensing terms;
• Article 119 LDA: ambiguous transfers are interpreted restrictively. Mere purchase of an NFT, absent specific licensing terms, transfers only what the smart contract documents;
• Article 120 LDA: rights to subsequent forms of exploitation must be specifically addressed;
• EU framework: aligned with CJEU jurisprudence on rights transfer requiring clear authorisation.

By default, an NFT purchase transfers ownership of the token (the unique blockchain record) and typically a limited personal use licence to display the associated content. Copyright, reproduction rights, commercial exploitation rights, and derivative work rights remain with the original author unless explicitly transferred. Buyers who assume they have acquired full IP rights frequently face surprise when commercial use is challenged.

Best practice: NFT smart contracts should explicitly include licensing terms detailing the scope of rights transferred. Major NFT platforms now include standard licence templates (CC0, CBE, NFT Licence 2.0) selectable at minting.

MiCA Regulation framework

The EU Markets in Crypto-Assets Regulation (Regulation 2023/1114, MiCA) applies fully from 30 December 2024. Key implications:

• Scope: MiCA regulates “crypto-assets” — digital representations of value or rights using distributed ledger technology;
• NFT exception: MiCA Article 2(3) exempts “unique and non-fungible” crypto-assets from most provisions, recognising their distinct character from fungible tokens;
• Fungible token issuance: stablecoins, asset-referenced tokens, utility tokens face substantial authorisation and disclosure obligations;
• Crypto-asset service providers (CASPs): exchanges, custody providers, advisors face authorisation requirements;
• Italian implementation: Italian D.Lgs. transposing MiCA, with Italian competent authority (Consob and Banca d’Italia) supervising;
• Market abuse provisions: insider dealing, market manipulation prohibitions apply to crypto-assets including NFTs in certain contexts.

For NFT projects, the MiCA framework requires careful structuring — particularly where projects involve token sales, fractionalisation, or revenue-sharing characteristics that might bring them within the asset-referenced token framework.

Smart contracts and IP licensing

Smart contracts can incorporate IP licensing terms, but several challenges arise:

• Code as licence: the smart contract’s code can implement licensing logic, but cannot replace clear human-readable licensing language;
• Italian written form requirement: Article 110 LDA written form is satisfied by readable text linked in or referenced by the smart contract;
• Modification limits: smart contracts are immutable; subsequent licensing changes require additional smart contracts or off-chain agreements;
• Dispute resolution: smart contracts cannot resolve interpretive disputes; choice of law and forum clauses must be addressed off-chain;
• Standard licence templates: NFT Licence 2.0, A16Z Can’t Be Evil licences, CC0 — provide standardised options;
• Royalty enforcement: secondary sale royalties depend on platform support and are not technically enforceable on all platforms.

Sectoral applications: art, music, film, fashion

Art NFTs: digital art native to NFTs, tokenization of physical artworks (with off-chain authentication coordination), provenance tracking. Major Italian artists have launched NFT collections, often with traditional gallery coordination.

Music NFTs: tokenized music ownership, fan engagement tokens, smart contract royalty distribution, exclusive content access. Italian music labels have experimented with NFT releases, with mixed commercial results.

Film NFTs: theatrical pre-sale via NFT, exclusive content tokens, distribution rights tokenization. The model is still developing operationally.

Fashion and luxury: NFT authentication tokens for physical goods, digital fashion (virtual clothing), brand-specific tokens for community engagement. Italian luxury brands have launched substantial Web3 initiatives.

Cross-sector challenges: IP rights chain, secondary sale royalties, AML compliance, tax treatment, AI Act compliance for AI-generated NFT content.

Italian framework

Italian-specific provisions:

• Italian Copyright Act (LDA): applies to NFT-associated content as to any other work;
• Italian Law 132/2025: personality rights, AI provisions, applicable to NFT-based deepfake and synthetic content;
• D.Lgs. 231/2007: AML compliance for crypto-asset services;
• L. 238/2021: specific AML provisions for art market participants;
• Italian Tax Code: capital gains on NFT sales, VAT considerations for commercial NFT issuance, inheritance considerations;
• Italian competent authorities: Consob, Banca d’Italia, AGCOM (for content), Garante Privacy.

AML compliance and tax

AML compliance is increasingly significant for NFT participants:

• KYC requirements: platforms and significant market participants must identify customers and monitor transactions;
• Suspicious transaction reporting: substantial transactions and unusual patterns require reporting;
• Art market AML: L. 238/2021 specifically addresses art market AML, applicable to NFT art transactions;
• EU 6th AML Directive: expanded scope including NFT and crypto-asset markets.

Italian tax treatment of NFT transactions remains evolving — generally treated as capital assets with capital gains taxation on sale, with VAT considerations depending on the nature of the underlying transaction. Specialised tax advice is essential.

How DANDI supports Web3 clients

DANDI.media supports artists, musicians, brands, and Web3 projects:

• NFT minting structures and licensing terms;
• Smart contract IP licensing review;
• MiCA Regulation compliance;
• Cross-sector tokenization (art, music, fashion, film);
• AML compliance for Web3 projects;
• NFT disputes and enforcement;
• AI clause integration for AI-generated NFT content;
• Cross-border Web3 project structuring.

For consultation, book directly with Avv. Claudia Roggero or Avv. Donato Di Pelino.

Related guides

Frequently asked questions

Does buying an NFT give me copyright in the artwork?

No, by default. NFT purchase transfers ownership of the token and typically a personal display licence. Copyright, reproduction, and commercial exploitation rights remain with the original author unless the smart contract or accompanying agreement explicitly transfers them. Article 110 LDA requires written form for copyright transfer.

Does MiCA Regulation apply to NFTs?

MiCA generally excludes “unique and non-fungible” crypto-assets under Article 2(3). However, NFT projects with token sale, fractionalisation, or revenue-sharing characteristics may fall within MiCA’s asset-referenced or utility token frameworks. Case-by-case analysis is essential.

Can a smart contract replace a written licensing agreement?

Partially. Italian Article 110 LDA written form requirement is satisfied by readable licensing text linked in or referenced by the smart contract. Pure code-only licensing without human-readable terms risks unenforceability for substantial rights transfers.

What are my AML obligations for NFT transactions in Italy?

Italian D.Lgs. 231/2007 and L. 238/2021 establish KYC requirements, suspicious transaction reporting, and specific provisions for art market participants. Significant NFT transactions, particularly in art categories, face full AML compliance obligations.

Dandi Law Firm provides legal assistance in several Practice Areas. Check out our Services or contact Us!