In addition to all of the above is the legal uncertainty of NFT content.
To avoid delving into legal subtleties, this uncertainty is described simply: “the buyer has no rights to the content purchased in the NFT format.”
This may cause surprise and outrage among those who absolutely seriously believed that by acquiring NFT, they get the rights to the content associated with them. Alas, no. The buyer acquires the rights only to the token itself, which in 99% of cases contains only hash and, perhaps with great luck, a link to the content.
This does not give him the right to even demonstrate “acquired” (sic!) for non-commercial purposes, not to mention the creation of merch, or something similar. In fact, the buyer acquires an entry in the smart contract table, which can indirectly confirm the authenticity of the content lying “somewhere out there”. No more.
The marketplaces themselves could change the situation by introducing separate contracts with content authors and with buyers. But in this case, NFT exchanges would be considered full-fledged participants in the transaction, which marketplaces are afraid of like fire, positioning themselves as “information”, “administrative” or “service” platforms.
Separately, here we can note the OpenSea, whose LazyMint technology is absolutely not combined with a disclaimer. In short, all content located on OpenSea servers belongs to OpenSea. It can be modified or even removed simply at will. With works not yet released into the blockchain, this is especially easy. Generally speaking, NFT-marketplaces can be understood. Being global platforms, they would have to take into consideration the peculiarities of copyright almost any country, take charge for forbidden and NSFW content, at the same time being the first target for deceived buyers to whom someone else’s work was sold.
In this case, they would have to take much more seriously the users’ verification and the created NFTs’ verification to the detriment of mass and simplicity. That is, in the current realities, NFT trading often takes place in p2p mode, leaving all issues of copyright and exclusive rights on the conscience of the users themselves. At the same time, most of them are not even aware that for a couple of ETH they have become the happy owners of a hash and a couple of links, but not of an object of digital art.