However, I believe in the US, there is no right to even download a copy of a file on the internet for purely personal reasons. I could see an NFT buyer successfully argue in court that this right is implied, even if not specified.
What happens if the file goes offline? I would think that this will not effect an existing license that you have previously granted. Of course, the buyer may struggle to make use of their license rights if they did not retain a copy of the image themselves.
Do you have any examples of an NFT that grant rights accompanied by TOS terms for minting the NFT that affirm that it is the original artist or someone who is authorized to do so who is creating it?
> However, I believe in the US, there is no right to even download a copy of a file on the internet for purely personal reasons.
There is de minimis which isn't so much a right but rather a "this is beneath the concern of the law".
As to the US aspect, every country that is a signatory of the Berne Convention ( https://en.wikipedia.org/wiki/Berne_Convention ) recognizes the minimum standard for protection which includes the right to to make replications or display to the public that is held as part of copyright.
For an NFT, would a baseball card be an acceptable comparison for what it represents in the real world? To that end, I would contend that the same thing happens to it when the player that it represents (there is no ownership conveyed in a baseball card beyond the card itself) leaves the game.
But baseball cards also have physicality. They are close to our world we can see them and turn them around. Physicality gives them desirable properties like easily carrying them around, no computer required. A physical thing is unique. Any sequence of bits on the other hand can always be copied.
Specifically, what use rights does an NFT grant?
For photographs (and I have a small gallery of them collected over the years in art festivals and galleries), they're hanging on my wall... though I can't publicly display them (that's part of the copyright).
If I sell a print of a digital image (that I captured with a camera) and I sell a NFT of the same digital image, what are the differences in the use rights that the two buyers have?
If the digital image, hosted on a server that I maintain goes offline (I didn't pay my network solutions bill and someone else buys the domain), what does does the NFT retain rights to?