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legal-tech-smart-contracts-and-the-law
Blog

The Future of Royalties: Why On-Chain Enforcement Is Non-Negotiable

An analysis of the failure of platform-enforced royalties, the technical solutions for programmable enforcement, and why protocol-level logic is the only sustainable path forward for the NFT creator economy.

introduction
THE BREACH OF TRUST

Introduction: The Great Betrayal

Marketplace fee circumvention has broken the foundational creator economy contract, making on-chain enforcement a technical necessity, not a feature.

Royalty bypass is theft. Blur and OpenSea's optional royalty policies created a prisoner's dilemma where market share is won by enabling fee evasion, directly extracting value from creators like Yuga Labs and Art Blocks.

Code is the only contract. Social consensus and platform policy are unreliable; enforceable logic must exist at the protocol layer, as demonstrated by the success of ERC-721C and Manifold's Royalty Registry.

Evidence: Creator royalties on Ethereum plummeted over 90% from their 2022 peak, a direct transfer of hundreds of millions from artists to traders and marketplaces.

thesis-statement
THE VALUE CAPTURE

Core Thesis: The Platform is a Trap

Ceding royalty enforcement to centralized platforms surrenders the core economic model of digital ownership to intermediaries.

Royalties are the protocol. On-chain royalties are not a feature; they are the fundamental economic primitive for creator-owned networks like Art Blocks and Sound.xyz. Off-chain enforcement by OpenSea or Blur makes this primitive optional, turning it into a revocable platform policy.

Optionality destroys composability. A royalty is a smart contract-level directive. Making it optional breaks the ERC-721 and ERC-1155 standards, preventing predictable revenue streams for downstream protocols like NFTfi or Pudgy Penguins' physical redemption. Platform-controlled logic is a black box.

The trap is rent extraction. Platforms that 'protect' royalties today will extract value tomorrow. The historical playbook is fee increases and policy changes, as seen in Web2. The only defense is immutable code on a neutral ledger like Ethereum or Solana.

Evidence: After Blur made royalties optional, creator earnings on major collections fell over 50%. Platforms that enforced royalties, like Magic Eden on Solana via Metaplex's Token Metadata, retained sustainable creator economies.

market-context
THE DATA

State of Play: A Race to the Bottom

Market data proves that without on-chain enforcement, creator royalties are a failed social experiment.

Royalties are optional revenue. Platforms like Blur and OpenSea have made creator fees optional to compete on price, collapsing the effective royalty rate on major collections to near zero. This creates a prisoner's dilemma where no single marketplace can enforce fees alone.

On-chain enforcement is non-negotiable. The alternative is a race to the bottom where value accrues solely to traders and platforms, not creators. Technical solutions like EIP-2981 or custom transfer logic (e.g., Manifold's Royalty Registry) are the only viable path.

Evidence: After OpenSea made royalties optional in 2022, the average royalty payment for a Bored Ape Yacht Club sale fell from 2.5% to below 0.6% within months, according to Nansen data.

ON-CHAIN VS. OFF-CHAIN ENFORCEMENT

The Royalty Erosion: A Data Snapshot

A comparison of creator royalty enforcement mechanisms, quantifying the market shift and technical trade-offs.

Key Metric / FeatureOn-Chain Enforcement (e.g., Manifold, EIP-2981)Marketplace-Optional (e.g., OpenSea, Blur Post-Filter)Royalty-Agnostic (e.g., Sudoswap, NFTX)

Primary Enforcement Mechanism

Smart contract logic

Platform policy & off-chain filtering

None (Zero-fee AMM)

Royalty Payment Guarantee

Avg. Royalty Compliance Rate (Q1 2024)

99.9%

15-40%

0%

Estimated Creator Revenue Loss (2023)

$0

$1.2B+

N/A

Secondary Sales Volume Share (Q1 2024)

12%

68%

20%

Integration Complexity for New Marketplaces

High (Must respect contract)

Low (Policy decision)

None

User Experience Impact

Transparent, automatic fee

Optional tipping prompts

Lower upfront cost

Key Example Protocols

Manifold Royalty Registry, EIP-2981

OpenSea, Blur, LooksRare

Sudoswap, NFTX, BendDAO

deep-dive
THE ENFORCEMENT IMPERATIVE

The Technical Path Forward: Programmable Compliance

Royalty enforcement is a technical design problem, not a market preference, requiring programmable compliance at the protocol layer.

On-chain enforcement is non-negotiable. Marketplaces like Blur and Magic Eden prove that without protocol-level guarantees, royalties become optional fees. This creates a tragedy of the commons where creators subsidize platforms that bypass their revenue.

Programmable compliance replaces trust. Standards like ERC-721C and Seaport hooks enable creator-controlled logic that executes before a transfer. This moves enforcement from the marketplace's goodwill to the immutable smart contract.

The future is modular policy engines. Protocols like Manifold's Royalty Registry and 0xSplits act as on-chain policy layers. They allow creators to define and update complex rules—like dynamic fees or allowlists—without redeploying core NFT contracts.

Evidence: After implementing ERC-721C, projects like Forgotten Runes maintained 100% royalty collection on all marketplaces, while non-compliant collections on Blur saw rates drop below 0.5%.

protocol-spotlight
THE FUTURE OF ROYALTIES

Protocol Spotlight: Builders of the New Stack

Marketplaces that bypass creator royalties are extracting value from the ecosystem. These protocols are building the infrastructure to make on-chain enforcement the default.

01

Manifold: The Creator-First Primitive

Deploys a custom, non-upgradable contract for each creator, embedding royalty logic directly into the NFT's DNA. This makes bypassing fees a protocol-level violation, not a marketplace policy.

  • Royalties are immutable and enforced at the smart contract level.
  • Eliminates reliance on centralized marketplace "goodwill".
  • Used by tens of thousands of artists and major collections.
100%
Enforcement
0x
Upgrade Risk
02

EIP-2981: The Universal Standard

A proposed ERC standard for NFT royalty information. It doesn't enforce, but it provides a universal, on-chain signaling mechanism for the fee amount and recipient.

  • Creates a single, predictable interface for marketplaces to query.
  • Shifts the social and technical onus onto marketplaces that ignore it.
  • Adopted by major platforms like OpenSea and protocols like Art Blocks.
1
Universal Spec
Ecosystem
Wide Adoption
03

The Problem: Protocol-Level Bypass

Marketplaces like Blur and Sudoswap built their liquidity on optional royalties, creating a race to the bottom. This exploits the public good of artist development for short-term volume.

  • Royalty evasion became a feature to attract traders.
  • Creates a tragedy of the commons for creator sustainability.
  • Led to ~80%+ drop in royalty revenue for many artists during peak bypass.
~80%+
Revenue Drop
Race to Bottom
Market Dynamic
04

The Solution: On-Chain is Non-Negotiable

The only sustainable path is moving royalty logic from marketplace policy to immutable contract code. This aligns long-term incentives and protects the creator economy.

  • Enforcement is automatic, not optional.
  • Restores credible neutrality—rules are applied to all, not negotiated.
  • Future-proofs the $10B+ NFT economy for the next cycle.
$10B+
Economy Protected
Automatic
Compliance
counter-argument
THE LIQUIDITY TRAP

Counter-Argument: The Liquidity Defense (And Why It's Wrong)

The argument that royalties must be sacrificed for liquidity is a false dichotomy built on flawed market logic.

Liquidity follows value, not the other way around. The core premise of the liquidity defense is backwards. Markets like Blur and OpenSea attract volume by subsidizing traders, creating a race to the bottom that destroys the creator economy that generates the assets in the first place.

Programmable property rights are the foundation. Without on-chain enforcement, an NFT is just a JPEG with a receipt. Protocols like EIP-2981 and creator-owned marketplaces like Zora enable fee-on-transfer logic, making royalties a non-negotiable property of the asset itself, not a marketplace policy.

The data proves sustainability. Look at Ethereum's dominance in high-value NFT trading versus zero-royalty chains. The market for authentic digital scarcity commands a premium that funds ongoing innovation. Liquidity that evaporates the asset's fundamental value proposition is parasitic, not sustainable.

risk-analysis
THE FUTURE OF ROYALTIES

Risk Analysis: The Hurdles to Adoption

On-chain enforcement is the only viable path for creator economies; off-chain promises are a systemic risk.

01

The Problem: The Marketplace Cartel

Major platforms like Blur and OpenSea have formed a de facto cartel, making royalty payments optional to compete on price. This creates a race to the bottom where creator revenue is the primary casualty.

  • Market Share Pressure: Platforms with optional royalties captured >80% of NFT volume.
  • Broken Social Contract: Erodes the foundational promise of NFTs as a sustainable creator model.
>80%
Volume Share
0-0.5%
Effective Royalty
02

The Solution: Protocol-Level Enforcement

Royalty logic must be embedded in the token's transfer logic itself, not delegated to marketplaces. This shifts enforcement from a policy to a property.

  • ERC-721C: Allows creators to define on-chain rules and delegate enforcement to a secure, updatable contract.
  • Creator-Controlled: Royalty parameters and allowlists are set by the creator, not the platform.
100%
Guarantee
Immutable
Logic
03

The Hurdle: Liquidity Fragmentation

Strict on-chain enforcement risks fragmenting liquidity, as traders migrate to platforms that bypass the rules. This creates a classic liquidity vs. fairness dilemma.

  • Arbitrage Attack: Traders can use Blur for listings and a compliant marketplace for sales.
  • Network Effect Inertia: Established marketplaces have billions in volume locked in their systems.
High Risk
Fragmentation
$B+
Locked Liquidity
04

The Counter: Social Consensus & Aggregation

Overcoming fragmentation requires coordinated social pressure and technical aggregation. Projects like Manifold and Zora are building tools and norms for a unified front.

  • Allowlist Strategy: Only permit sales on marketplaces that respect the contract's rules.
  • Aggregator Leverage: Use Reservoir-powered aggregators that can filter for royalty-compliant listings.
Coordinated
Action
Filtered
Liquidity
05

The Blind Spot: MEV & Technical Circumvention

Sophisticated actors can use MEV bundles and direct peer-to-peer transfers (e.g., NFTTrader) to bypass on-chain royalty logic entirely. This is an arms race.

  • Flash Loan Attacks: Use a bundle to buy, transfer to a new wallet, and sell—all in one block.
  • Contract Complexity: More complex logic increases gas costs and attack surface for creators.
Atomic
Bundles
High
Gas Cost
06

The Endgame: Programmable Royalty Standards

The final evolution is dynamic, context-aware royalties via standards like EIP-7504. Royalties become a programmable feature of the asset, not a static tax.

  • Time-Based: Higher fees for immediate flips, lower for long-term holders.
  • Use-Based: Different rates for commercial vs. personal use, enabled by Story Protocol-like frameworks.
Dynamic
Logic
Context-Aware
Enforcement
future-outlook
THE NON-NEGOTIABLE

Future Outlook: The Inevitable Shift

On-chain enforcement is the only viable path for sustainable creator economies, moving beyond social consensus.

Programmable royalties are inevitable. Marketplaces like Blur and OpenSea that circumvented creator fees exposed the fatal flaw of social enforcement. The next generation of NFT standards like ERC-721C and ERC-2981 will bake royalties directly into the token's transfer logic, making bypassing them a protocol-level impossibility.

The infrastructure is already here. Protocols like Manifold's Royalty Registry and 0xSplits provide the settlement layer, while smart contract wallets like Safe enable complex, automated revenue distribution. This creates a technical moat for projects that commit to creator-first economics.

Market forces will enforce adoption. As major collections like Yuga Labs mandate on-chain royalties, liquidity follows. Marketplaces that fail to integrate these standards will be excluded from the primary sales and secondary volume of top-tier assets, rendering them irrelevant.

takeaways
THE FUTURE OF ROYALTIES

Key Takeaways for Builders and Investors

On-chain enforcement is the only viable path to sustainable creator economies; off-chain promises are a governance liability.

01

The Problem: Off-Chain Enforcement is a Broken Promise

Marketplaces like Blur and OpenSea have proven that off-chain royalty policies are a temporary, revocable favor. This creates systemic risk for any protocol whose economics depend on creator revenue.

  • Governance Capture: Policies can be changed unilaterally by a corporate entity or DAO vote.
  • Market Fragmentation: Competing standards (e.g., Operator Filter Registry) create a confusing, non-composable landscape.
  • Revenue Leakage: Estimated $100M+ in creator royalties were bypassed in 2023 alone due to optional enforcement.
$100M+
Revenue Leaked
0
Guarantees
02

The Solution: Hard-Coded Royalties at the Protocol Layer

The only credible enforcement is moving the royalty logic into the token's transfer function itself. Projects like Manifold's Royalty Registry and EIP-2981 provide the technical blueprint.

  • Unbreakable Compliance: Royalties are a pre-condition for state change, enforced by the EVM, not a marketplace's goodwill.
  • Universal Composability: A single, on-chain standard works across all present and future marketplaces and DeFi protocols.
  • Future-Proofing: Enables complex, programmable royalty streams (e.g., automatic splits, time-based rates) without intermediary trust.
100%
Enforcement Rate
EIP-2981
Standard
03

The Investment Thesis: Royalties as a Core Protocol Feature

Treating on-chain royalties as a non-negotiable feature is a major differentiator. It aligns long-term protocol value with creator incentives, creating defensible moats.

  • Sticky Ecosystem: Creators will migrate to and build on protocols that guarantee their revenue, driving TVL and network effects.
  • New Primitives: Enables novel financialization of royalty streams (e.g., NFTfi, royalty-backed lending).
  • Regulatory Foresight: A transparent, automated, and immutable payment system is more compliant than opaque, manual off-chain settlements.
10x+
Creator Loyalty
New Primitive
Financialization
04

The Execution: How to Implement It Today

Builders must integrate royalty enforcement from day one. This is not a backend detail but a front-and-center product decision.

  • Smart Contract Level: Use or extend audited implementations from Manifold, 0xSplits, or Solidity libraries adhering to EIP-2981.
  • Marketplace Strategy: Partner with or become a marketplace that respects the hard-coded standard, rejecting the race-to-zero on creator fees.
  • Community Signaling: Make on-chain royalties a pillar of your project's manifesto; it's a powerful filter for attracting quality creators and collectors.
Day 1
Integration
0xSplits
Key Tool
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On-Chain Royalties: The Only Sustainable NFT Model | ChainScore Blog