The community has been divided since the advent of NFT marketplaces that by default collect royalties on transactions. Recently, Opensea announced the creation of the Creator Ownership Research Institute (CORI) to open up thinking, but will that be enough?
THE NFT ROYALTIES SEA SERPENT
One of the main promises of NFTs is to allow collectors to earn royalties on each resale in the secondary market. In practice, this idea comes up against technical limits and is also dependent on the good will of the actors in the ecosystem.
Let’s go back to 2018 when Open sea opened its marketplace, which listed all NFT collections as they were released. This allowed many projects that did not have their own marketplace to open up to the market and offer a very pleasant user experience. Then the specialized platforms for artists with a curation at the entrance like Very rare Where Known origin appeared.
As long as an NFT is created Very rare is resold on SuperRare, the author receives the royalties automatically. On the other hand, if this NFT is resold Open seathen the royalties from that resale go to SuperRare, which they then have to pay to the artists manually.
The assignment of royalties to an external wallet of a smart contract a marketplace is limited to what smart contract, which makes it necessary to contact a trusted third party so that the money owed to the artists is correctly paid. The other solution is for the artist to create his own smart contract at the expense of the engagement that a specialized marketplace offers.
In 2020, one of the solutions to this problem was theERC-2891, a standard for Ethereum to directly account for the attribution of individual royalties to another marketplace where the sale took place. Only, the integration of a standard is voluntary and still today, Open sea didn’t record it.
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COMPETITION WITH VARIABLE COSTS
In 2022, competing marketplaces will be at Open sea emerged that offer more dealer-oriented models. Royalties are generally between 5% and 10% of the sale amount… so much money that can be saved by withdrawing. The platform did that sudoswap which was able to offer a 0% royalty model thanks to a liquidity reserve model that mixes NFT and crypto.
Confronted with retailers’ enthusiasm for this new, significantly cheaper model, other marketplaces such as e.g X2Y2, Blur Where Looks rare began by introducing a buyer-customizable royalty model. Gradually, the proportion of transactions without royalties has increased over time… Which Opensea and the artist community has not failed to respond to.
Beginning of November, Open sea announces a “Operator Filter Registration‘, causing several to be blacklisted smart contract competing marketplaces. In view of the questions and criticisms expressed by the community, on December 8, 2022, Opensea announces the opening of the administration of this registry: the Copyright Research Institute (CORI).
THE BEGINNING OF SUSTAINABLE CENSORSHIP?
6 actors were selected by Open sea Implementation of the CORI discussion and reflection group. In addition to Opensea, Foundation, endowment, Nice goal, Very rare, distributor and Zora form this group. As a favor, Opensea even invited Blur, LooksRare and SudoSwap participate in the discussions so that they can contribute their expertise.
But while Opensea awaits a common solution, the direction appears to be essentially the same: banning marketplaces that don’t fit with its market policy. However, Opensea committed to integrating ERC-2891 in January 2023.
This banning decision is reminiscent of the debates currently taking place around Ethereum validating nodes that accept OFAC Restrictions. So perhaps it was only a matter of time before the issue of blockchain uncensorability came to the table.
ARTISTS AND DEALERS: TWO SIDED ONE COIN
To understand where the current imbalance between artists and dealers is coming from, let’s look at how the USD volume of primary and secondary sales compares overall.

Overall, it appears that the majority of NFT market activity occurs in its secondary market. In the art sector it’s the other way around: the volume will essentially relate to first-time sales of works.

Although the volume of the art aftermarket appears small, it is important to note that it has been increasing since the beginning of the year. Corresponding Quarterly reports from NonFungible.comIn the first quarter of 2022, the arts sector accounted for 8% of USD volume. 7% in the second quarter and 14% in the third.
With a bear market also gripping the NFT market since March 2022, it seems legitimate that the arts sector is concerned that dealers will favor solutions that would cut them off from part of their income. But on the other hand, times are just as tough for the business savvy…
The problems related to royalties are therefore much broader than a simple technical problem.
As the integration of the NFT Royalties standard progresses and work begins around theERC-4910, maybe the other off-chain parts of the problem should be fixed? Because beyond the technique, it is indeed possible, based on good will, to achieve the goal of royalties paid eternally and fairly to the creators of projects!
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