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As the NFT market has slowed down, royalties have dried up for brands that create collectibles to be sold and traded on open NFT marketplaces. That’s partly because resale values, and the value of cryptocurrencies, have declined. However, it’s also because secondary royalties — the incremental percentage of each subsequent sale that is supposed to go to the original project’s creators, as dictated in an NFT’s smart contract — are no longer enforced on major trading platforms such as Opensea and Blur.
In August, Opensea — at the time the leading dominant NFT resale destination — announced that it would no longer be enforcing NFT royalties, and instead would offer people an option to pay a royalty contribution. This means that brands who previously partnered with Opensea for their drops, such as Hugo Boss or Gucci, will no longer receive royalties starting in the spring, and any new collections that have launched since August are already not receiving automatic royalties.
This also means that a key premise of NFTs — making sure artists got paid for their work indefinitely — is broken. Without royalties, a brand or creator who drops an NFT may only see revenues from that initial launch, and not through any further sales. This is why the art world was one of the first to latch on to the new technology, and why many subsequent NFT collections focused on high resale value as a key sign of success; in the early days, this led to many NFTs collectors choosing their purchases based on the promise of selling for profit.
“In the beginning, it was wonderful. [NFT royalties were] such a unique value proposition of NFTs, especially with luxury brands that do so many collaborations with different artists,” says Matt Maher, founder of M7 Innovations, which advises luxury brands on Web3 strategies. In other words, if a luxury brand partnered with an artist on an NFT collection, the smart contract could outline incremental royalties for both the brand and the participating artists.
One company is changing how it approaches royalties in a bid to revive the market. Yuga Labs — owner of leading Web3 projects including Bored Ape Yacht Club, Cryptopunks and 10KTF — is making royalties automatic and reliable via a new partnership with NFT platform Magic Eden, which it recently announced at the Ape Fest conference in Hong Kong (on 3 to 5 November). The Magic Eden Ethereum marketplace, which is slated to open by the end of the year, will be the first major Ethereum blockchain marketplace that is legally obligated to perpetually honour creator royalties. This means that the small percentage of money that is supposed to go to Yuga Labs any time one of its NFTs is sold on the secondary market will be split between Yuga Labs and its designated collaborators. The same will be true for any other NFT that is sold and traded on the marketplace.
This is a big move that points to the future of the industry at a time when royalties are uncertain, resale values are low and enthusiasm for NFTs has quieted. The hope is that it will reinvigorate the market for brands and creators, drawing in new users. For fashion, it brings a welcome formality in what is a characteristically chaotic landscape.
The CEOs of Yuga Labs and Magic Eden both hope that adding back in this structure will ultimately benefit the wider NFT ecosystem. Yuga Labs CEO Daniel Alegre says that when Opensea announced that it would no longer enforce royalties, he and Yuga took a very strong stance, to say “we are for protecting creator royalties of any kind — including fashion brands creating unique content”. The response from collectors was positive, he says, despite this meaning that they will ultimately have to pay out a little more when they sell an NFT. When the news was announced during Ape Fest this weekend, “it received a roar of approval from the crowd”, says Terry Weldon, M7’s director of Web3. Alegre feels that this is because “the community understands that if you don’t have an economic model for creators, then this industry won’t evolve and attract new and innovative content, from the largest companies to individuals."
The rise and fall of royalties
Creator royalties have been a founding tenet of the NFT ecosystem. They are a way for the original artists or brand to continue earning revenue every time their work is sold, and for artists to monetise brand partnerships. (A brand partnering with an artist on an NFT collection might designate that 5 or 10 per cent of each future sale goes to each party.) In recent years, as NFT collections increased in value and trading volume, royalty payouts surged: Yuga’s royalties topped more than $147 million a year ago. As of August of last year, Nike had earned at least $92 million in royalties alone, thanks to Rtfkt’s secondhand royalties, while Gucci had earned $1.6 million, according to data by crypto analytics platform Dune NFT. As of October of last year, more than $1.8 billion worth of royalties in total had been paid to creators of Ethereum-based NFT collections, according to a report by crypto firm Galaxy Digital.
In the beginning, Opensea, Yuga Labs and other platforms voluntarily enforced the designated royalties. Opensea’s change in August — made in the face of competition from rival marketplace Blur — aimed to attract NFT traders who wanted to earn as much as possible from selling their NFTs. Other platforms followed suit, some also noting increased caution as the US Securities and Exchange Commission began evaluating speculative NFTs as unregistered securities. “Swiftly changing macroeconomic conditions always seem to make us quickly forget the altruistic goals that we first set out to achieve,” M7 Innovations’s Maher says.
When a marketplace no longer enforces royalties, it means that if someone is selling a Bored Ape for $53,000 (a recent floor price), Yuga Labs no longer necessarily receives the 2.5 per cent creator fee of $1,325. As the crypto downturn intensified, so too did the appeal of skimping on royalties, says Gmoney, Web3 fashion investor and founder and CEO of Web3 fashion brand 9dcc. “It’s easier to comply with that when the number is going up,” he says, referring to the value of one’s NFT collection. He adds that the “race to the bottom” from competing marketplaces makes it harder for Web3 businesses like his — which links NFTs to physical apparel. “You can fund a good amount of business on royalties,” he says, but now, he is no longer operating under that assumption.
Gmoney, like many, makes the comparison to the early days of music streaming, when Napster forced the music industry to formalise a process that would pay artists for digital songs. A similar conflict is playing out in Hollywood, where actors are arguing for incremental revenues from video streaming sites in a way that is reminiscent of network TV.
During the transition to music streaming, “there was a coalition of rights-holders who basically said no, we will align with platforms that respect artists’ royalties. I see the evolution here very similarly,” Yuga’s Alegre says. “Those platforms that are not willing to enforce the royalty contracts and the basics of — someone should be compensated for the work that they do — they’re going to end up suffering. Those who are creating the content are going to gravitate to platforms that have a fundamental tenet of belief that an artist should be compensated for the royalties.”
Brands chase stability and control
More stability in the NFT market could help attract brands and consumers. Currently, depending on royalties from an open, external platform specifically contains risks for brands, M7 Innovations’s Maher says. In addition to the uncertainty of royalties, there are also technical risks, he adds, pointing to a rocky drop from Gorjs and L’Oréal-owned Nyx Cosmetics on Opensea in February that saw a delayed drop to due technical issues and fluctuating gas fees (the amount the people must pay out of pocket to mint an NFT, which depends on demand). “It was the exact opposite of what we expect in a luxury experience,” he says. On top of that, he adds, there are ethical implications with creator royalties, in which collectors might closely examine whether a brand is elevating an artist or merely “just finding another revenue stream to make more money”, he says.
That’s why many are looking to this partnership between Yuga Labs and Magic Eden as a sign of what’s next. The new partnership includes a marketplace where royalties are automatically paid, and new technology for NFTs, says Magic Eden CEO Jack Lu. Just like formal music-streaming services attracted top artists in the 2000s, he sees a more structured NFT marketplace attracting more prominent creators. He also hopes it helps take the focus off of the technology and onto the content that it can enable. “Creators are the lifeblood of the NFT ecosystem because it’s really the creators who are taking the NFT technology and bringing to life their creativity and their form of expression. And that’s kind of showing this world a new range of what is possible and bringing new users in.”
It doesn’t hurt that the Bored Apes and Crypto Punks are some of the collections with the most mainstream awareness. Yuga Labs is considered the de facto leader in valuable NFTs, and it often reflects the state of the wider Web3 culture, having attracted collectors including musicians Snoop Dogg and Madonna (who own Bored Apes) and tennis legend Serena Williams and Tiffany and Co’s EVP of product and communications Alexandre Arnault (Cryptopunk collectors). A year ago, it acquired narrative digital fashion project 10KTF, which had just come off successful partnerships with Gucci and Puma. After the acquisition, Gucci signed a years-long partnership with Yuga Labs that includes “an active role in” Otherside, Yuga’s virtual world that is in development, and more explorations of fashion and entertainment in the metaverse.
Still, even its so-called “blue chip” collections have suffered the bear market. The floor price of the Bored Apes has fallen from as much as the equivalent of $430,000 last April to about $52,000 this summer. Just last month, Yuga announced a restructuring and a round of layoffs. A new approach to creator royalties could help Yuga, and the ecosystem in general, regain its footing; as it charts a path toward redefining its relationship with royalties, others are likely to follow suit. The new marketplace, and royalty-protecting tech, will be open to others as well, Magic Eden’s Lu points out. “This is open for everyone to use. As long as creators want to adopt this technology, they don’t need our permission. Once they use it to launch collections, they’ll have the benefit of that royalty protection.”
Yuga’s NFT holders won’t be required to trade on the new marketplace, but they will be encouraged and incentivised to, Lu says, saying that this will be the platform that Yuga and creators will “point traffic to”, in addition to other potential utilities that creators might offer based on if someone has paid royalties. “Invariably, no tech is immune to potential flaws, but hopefully that is not the case here,” Alegre says. “If you trade in certain platforms that we know abide by the rules that the contract sets, there will actually be ongoing benefits. So, there’s the technology protection, but there’s also features and functionality that you can offer to NFT holders that reinforce that value.”
Gmoney, of 9dcc, already has a similar approach. The brand has started a point system that awards those who pay royalties. People with higher points can enjoy a range of perks, such as first dibs on product drops or free verification on Twitter, he says. It’s leading with “a carrot rather than a stick”, Gmoney says. He sees honouring royalties more akin to a social contract, than a legal one — something that customers, he hopes, will be inclined to do in good faith to enjoy the full benefits of participation. “You have to be willing to honour that social contract and almost make it cool to pay royalties,” he says. Of course, “when you’re making money, it’s much easier to honour royalties”, he acknowledges.
A focus on utility and loyalty, in place of flipping NFTs for resale value, has already been reflected in brand strategies organically, treating NFTs as tickets into ongoing experiences or products that holders still must purchase. “In this flat macroeconomic environment, we’re seeing the true builders who have some fundamental long-term vision around the utility of this technology, like gaming developers and so on, actually using it to innovate and build it into their business models,” Lu says.
Gucci recently surprised its holders with the option to cash in certain NFTs for physical wallets or duffel bags. Louis Vuitton went the soulbound route, opting for $39,000 NFTs that aim to mitigate resale altogether; the premise is that only people who hold those NFTs have access to purchase additional exclusive items, and they can’t easily sell their original soulbound NFTs to others. This is a major shift from the early days of fashion and Web3; leader Rtfkt, now owned by Nike, built a community in part because it routinely gifted its early holders with free surprise NFTs that were airdropped into holders’ wallets, which they then could flip for hefty profits.
Moving forward, brands will be more selective about their tech partners. Luxury brands have to own the whole experience, including the platform, M7 Innovations’s Maher says, and potentially the smart contract to put in appropriate “guardrails” that cover royalties and how they are enforced. “We’ll need more bespoke marketplaces. It’s going to cost more money and more time.”
Most people think that the blockchain or the smart contract on that chain governs the royalty payments, but it is actually the exchange where the NFT is listed that is responsible for honouring the terms of the smart contract, says Tyler Moebius, CEO of SmartMedia Technologies, which has developed Web3 and metaverse campaigns for Lacoste, Burberry and Selfridges, and can build in-house marketplaces for brands. “It is because of these irrational moves by the exchanges that we caution brands from using the public exchanges for creating a collection,” he says. Moebius advises that if a brand is launching an NFT project that is based on supporting a cause or an artist, it should select an exchange where royalty payments are mandatory or launch their own private or public exchange. This also helps ensure compliance with relevant regulations, he adds, noting that SmartMedia Technologies is spending as much time with both brand marketing teams as with their legal and information security teams.
They also need to continue to build out storylines that take the focus off of NFT tech. “The evolution of the brands that really get it are the ones that understand that you need to build an ongoing engagement through a good story and good value-creation beyond just the NFT,” Alegre says. He points to Yuga’s Gucci partnership, in which a deep storyline (initiated through 10KTF) has expanded into Otherside and special characters called Kodas — which also are linked to physical “KodaPendants”. “The value of the ongoing engagement with the consumer is beyond anything you could even collect from the value of the NFT. That is a mindset shift.”
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