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Blog

Why On-Chain Royalties Are a Governance Problem, Not a Tech One

The collapse of NFT royalties is a textbook governance failure. Marketplaces like Blur and OpenSea chose collusion over protocol integrity, proving the tech (EIP-2981) works fine. The real battle is for economic alignment, not better code.

introduction
THE GOVERNANCE MISMATCH

Introduction

The failure of on-chain royalties stems from a fundamental misalignment of incentives, not a lack of technical solutions.

Royalties are a policy, not a protocol feature. The core issue is a governance failure where marketplaces like Blur and OpenSea compete by removing creator fees, creating a race to the bottom that no smart contract can solve.

Technical enforcement is trivial but economically fragile. Standards like EIP-2981 define the royalty interface, but a marketplace can simply ignore it, as seen with Blur's optional royalty model that shifted market share.

The real conflict is jurisdictional. The on-chain execution layer cannot enforce off-chain business logic without consensus, creating a permanent gap between creator intent and marketplace implementation.

Evidence: After Blur's policy shift, creator royalty payments on major collections like Bored Ape Yacht Club fell by over 60%, proving that market forces override code when governance is absent.

thesis-statement
THE GOVERNANCE FAILURE

The Core Argument: A Standard Bettain

On-chain royalties are failing because the ERC-721 standard delegated enforcement to marketplaces, creating a classic principal-agent problem.

ERC-721 is incomplete. The standard defines token ownership but not a mandatory revenue path, outsourcing royalty logic to secondary markets like OpenSea and Blur. This created a marketplace oligopoly with misaligned incentives to capture volume by removing fees.

The problem is social, not technical. Enforcing royalties requires consensus on a new standard, like ERC-2981, but adoption is a coordination game. Individual marketplaces defect to gain competitive advantage, creating a prisoner's dilemma that protocols like Manifold cannot solve unilaterally.

Evidence: Look at the data. After Blur's zero-royalty policy, OpenSea suspended enforcement on most collections, causing creator earnings on major platforms to plummet by over 90%. The technical solution exists; the governance will to enforce it does not.

historical-context
THE GOVERNANCE FAILURE

How We Got Here: The Race to the Bottom

The collapse of on-chain royalties stems from a misaligned incentive structure, not a technical limitation.

Royalty enforcement is a coordination problem. The ERC-721 standard intentionally omitted creator fees, delegating the logic to marketplaces. This created a governance vacuum where platforms like Blur and OpenSea compete on trader costs, not creator protection.

Marketplaces optimize for liquidity, not fairness. A platform that enforces royalties loses traders to a competitor that bypasses them. This prisoner's dilemma forces a race to the bottom, as seen in Blur's zero-fee bidding wars that eroded OpenSea's policy.

Technical solutions exist but lack adoption. Standards like EIP-2981 (royalty standard) and ERC-721C (modular transfer logic) enable enforceable fees. The failure is social consensus, not code. No major marketplace coalition has enforced them universally.

Evidence: After OpenSea's optional royalty policy in 2022, creator earnings on major collections like Bored Ape Yacht Club dropped by over 50% on secondary sales, demonstrating the immediate impact of governance failure.

NFT MARKETPLACE ANALYSIS

The Data: Royalty Enforcement vs. Marketplace Volume

A comparison of marketplace strategies for NFT creator royalties, demonstrating the trade-off between strict on-chain enforcement and user-driven volume.

Enforcement MechanismBlurOpenSeaSudoswap

Primary Royalty Enforcement

Optional (Trader Choice)

Filtered Listings (Policy)

None (0% Default)

Avg. Royalty Paid (Q4 2023)

0.6%

~2.5%

0%

Market Share of Volume (30D)

78%

16%

< 1%

On-Chain Enforcement Tech

EIP-2981 (Optional)

Operator Filter Registry

None

Creator Blocklisting Capability

Royalty Revenue for Top 10k Collections (2023)

$73M

$330M

$0M

Governance Control Required

High (Tokenholder Vote)

High (Corporate Policy)

None

deep-dive
THE INCENTIVE MISMATCH

The Anatomy of a Governance Failure

On-chain royalties fail because marketplaces, not creators, control the protocol-level enforcement mechanism.

Royalty enforcement is governance. The technical capability to enforce royalties via EIP-2981 or custom transfer logic exists, but its adoption is a collective action problem. Individual marketplaces like Blur and OpenSea optimize for liquidity and trader fees, creating a prisoner's dilemma where defection (removing royalties) is the dominant short-term strategy.

The core failure is jurisdictional. Creator-controlled smart contracts govern token creation, but secondary sales occur on marketplace-controlled settlement layers. This creates a sovereignty conflict where the entity setting the rules (the creator) lacks the power to enforce them on the sovereign territory of the exchange.

Protocols like Manifold and Zora attempted to solve this with technical hooks, but these are optional for marketplaces to integrate. The real-world evidence is the rapid royalty erosion on major EVM chains post-Blur's ascent, proving that without a unified social or economic layer, technical solutions are irrelevant.

case-study
WHY ON-CHAIN ROYALTIES ARE A GOVERNANCE PROBLEM, NOT A TECH ONE

Case Studies: Attempts to Fix a Broken System

Technical solutions to enforce creator royalties have repeatedly failed because they ignore the core market incentive to bypass them.

01

The Blunt Force Approach: Creator-Enforced Blacklists

Marketplaces like OpenSea and Blur attempted to enforce royalties by blacklisting collections from rival platforms that didn't honor them. This created a fragile, centralized cartel.

  • Key Flaw: It's a game of chicken; the first major platform to defect (like Blur did) captures all volume.
  • Result: A race to the bottom on fees, with creators losing leverage. Governance is outsourced to for-profit entities with misaligned incentives.
0-0.5%
Effective Royalty Rate
~$2B
Monthly Volume at Stake
02

The Technical Solution: Code-Is-Law Transfers

Protocols like Manifold's Royalty Registry and EIP-2981 aimed to hardcode royalties into the NFT smart contract logic itself.

  • Key Flaw: It's a protocol-level arms race. Marketplaces simply fork the contract or route trades through aggregators that strip the fee logic.
  • Result: Technical enforcement is trivially circumvented by any exchange willing to sacrifice compliance for liquidity, proving the bottleneck is social, not technical.
EIP-2981
Widely Ignored Standard
100%
Bypassable
03

The Market Solution: Opt-In Royalty Markets

Projects like Sound.xyz and Zora embed royalties as a non-negotiable social contract, attracting creators and collectors who value sustainability.

  • Key Insight: They accept that universal enforcement is impossible and instead build a parallel market with aligned values.
  • Result: Creates a quality bifurcation. High-value art and music gravitate to curated, royalty-respecting venues, while purely financial NFTs race to the cheapest venue.
5-10%
Sustainable Royalty Rate
Curation
New Moats
04

The Nuclear Option: Transfer Taxes & Soulbound Tokens

Extreme measures like Art Blocks' on-chain transfer tax or exploring Soulbound Tokens (SBTs) to make NFTs non-transferable.

  • Key Flaw: Destroys liquidity, the primary value prop of an NFT. It's treating a market failure with market suicide.
  • Result: Proves the fundamental tension: royalties are a tax on liquidity. The 'solution' often kills the asset class it aims to protect, highlighting the governance dilemma.
-99%
Secondary Volume
Theoretical
SBT Utility
counter-argument
THE REALITY CHECK

Steelman: "The Market Has Spoken"

On-chain royalty enforcement is a failed governance experiment, not a solvable technical puzzle.

Royalties are a policy choice. The core issue is not technical feasibility but market consensus. Protocols like OpenSea and Blur demonstrate that marketplaces, not smart contracts, dictate final settlement terms.

Code cannot enforce social contracts. The EIP-2981 standard is a proposal, not a mandate. Competing market logic from Magic Eden and Tensor proves that royalty adherence is a competitive feature, not a blockchain primitive.

The data is conclusive. Market share shifted to platforms with optional royalties. This is a governance failure where creator DAOs and NFT projects could not coordinate to enforce their preferred economic terms.

takeaways
ON-CHAIN ROYALTIES

Key Takeaways for Builders and Investors

Royalty enforcement is a social contract failure masquerading as a technical challenge. The market has spoken, and the solutions are political.

01

The Problem: The Marketplace Cartel

Major NFT marketplaces like Blur and OpenSea removed creator royalties to win the liquidity war, proving that code is not law when it's against a platform's business model. Their optional fee switch turned a creator's right into a tip jar.

  • Result: Creator royalties on major collections fell from ~5-10% to <1%.
  • Reality: The protocol layer (ERC-721) is neutral; the application layer is hostile.
<1%
Avg. Royalty Paid
~95%
Market Share
02

The Solution: Protocol-Level Enforcement

Projects like Manifold's Royalty Registry and EIP-2981 attempt to make royalties a verifiable, on-chain standard. The real power move is embedding enforcement into the NFT contract itself via transfer hooks or a blocklist for non-compliant marketplaces.

  • Example: Art Blocks and y00ts enforce royalties by rejecting sales from blacklisted market contracts.
  • Trade-off: This creates fragmentation and can hurt liquidity, a classic governance tension.
EIP-2981
Standard
100%
Enforceable
03

The New Model: Creator-Led Economies

The future bypasses marketplaces entirely. Smart contract wallets (ERC-4337), direct minting platforms, and on-chain curation create closed-loop economies where royalties are a precondition for access.

  • Mechanism: Think token-gated commerce or creator coins where the asset and its revenue stream are inseparable.
  • Shift: Value accrual moves from speculative secondary markets to primary sales and utility-driven ecosystems.
ERC-4337
Enabler
0%
Marketplace Cut
04

The Investor Lens: Royalties as a Signaling Mechanism

A project's approach to royalties is a proxy for its governance maturity and long-term alignment. Voluntary royalty payment rates are a leading indicator of community strength.

  • Bullish Signal: A collection that maintains >80% voluntary payment rate has a die-hard community.
  • Bearish Signal: Reliance on unenforceable social contracts shows weak protocol-level design.
>80%
Strong Signal
Proxy
For Governance
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On-Chain Royalties: A Governance, Not Tech, Problem | ChainScore Blog