Quick Summary
- SEC Commissioner Hester Peirce says most NFTs are not securities.
- Royalties from NFTs are compared to music streaming payments, not investment returns.
- NFTs that don’t offer economic rights or profit-sharing are likely outside SEC jurisdiction.
- Legal experts agree that royalty features don’t trigger securities laws.
- OpenSea no longer under SEC investigation as of February 2025.
Hester Peirce: NFTs Are Not Investments
At the recent “SEC Speaks” event in Washington, U.S. Securities and Exchange Commission (SEC) Commissioner Hester Peirce made a clear statement: most NFTs do not qualify as securities under U.S. law. Known in the crypto community as “Crypto Mom,” Peirce explained that unless an NFT offers ownership in a business or a share of profits, it shouldn’t fall under SEC oversight.
“Many NFTs grant no economic rights to holders and therefore should not fall under the SEC’s jurisdiction,” she said.
Royalties ≠ Investment Returns
One of the standout features of NFTs is the royalty mechanism that allows creators to earn a percentage from each resale. But Peirce emphasized that these payments do not equate to investment income.
“Just as streaming platforms pay royalties to musicians, NFTs enable artists to benefit from future resale value,” Peirce noted.
She clarified that buyers of NFTs don’t receive claims to future profits, which is a key element in defining a security.
Legal Experts Back Peirce’s View
Oscar Franklin Tan, legal head at Atlas Development Services, echoed Peirce’s position. He said media outlets have misrepresented the legal interpretation of NFT royalties.
“NFT royalties were never considered securities… U.S. securities law regulates investment products, not creator compensation,” Tan explained.
OpenSea’s Case and Regulatory Clarity Ahead
In 2024, NFT marketplace OpenSea faced scrutiny from the SEC, receiving a Wells notice suggesting potential securities violations. However, by February 2025, the investigation was dropped. OpenSea’s legal team then appealed to Peirce, urging the SEC to issue clear guidelines for NFT marketplaces.
Conclusion: The Road to Clarity
While the crypto and NFT industries still face regulatory uncertainty, Peirce’s remarks signal a more nuanced and supportive approach to digital creators. Her stance could pave the way for clearer rules, giving both platforms and users a more stable environment to grow and innovate.Quick Summary
- SEC Commissioner Hester Peirce says most NFTs are not securities.
- Royalties from NFTs are compared to music streaming payments, not investment returns.
- NFTs that don’t offer economic rights or profit-sharing are likely outside SEC jurisdiction.
- Legal experts agree that royalty features don’t trigger securities laws.
- OpenSea no longer under SEC investigation as of February 2025.
OpenSea’s Case and Regulatory Clarity Ahead
In 2024, NFT marketplace OpenSea faced scrutiny from the SEC, receiving a Wells notice suggesting potential securities violations. However, by February 2025, the investigation was dropped. OpenSea’s legal team then appealed to Peirce, urging the SEC to issue clear guidelines for NFT marketplaces.
Conclusion: The Road to Clarity
While the crypto and NFT industries still face regulatory uncertainty, Peirce’s remarks signal a more nuanced and supportive approach to digital creators. Her stance could pave the way for clearer rules, giving both platforms and users a more stable environment to grow and innovate.