Free 30-min Web3 Consultation
Book Consultation
Smart Contract Security Audits
View Audit Services
Custom DeFi Protocol Development
Explore DeFi
Full-Stack Web3 dApp Development
View App Services
Free 30-min Web3 Consultation
Book Consultation
Smart Contract Security Audits
View Audit Services
Custom DeFi Protocol Development
Explore DeFi
Full-Stack Web3 dApp Development
View App Services
Free 30-min Web3 Consultation
Book Consultation
Smart Contract Security Audits
View Audit Services
Custom DeFi Protocol Development
Explore DeFi
Full-Stack Web3 dApp Development
View App Services
Free 30-min Web3 Consultation
Book Consultation
Smart Contract Security Audits
View Audit Services
Custom DeFi Protocol Development
Explore DeFi
Full-Stack Web3 dApp Development
View App Services
the-creator-economy-web2-vs-web3
Blog

The Future of Licensing is Embedded in the Asset

Web2's broken licensing model relies on trusted intermediaries. Web3 embeds programmable rights directly into NFTs via smart contracts, enabling automatic, trustless enforcement of terms like royalties and commercial use. This is a fundamental shift from platform-dependent begging to asset-level sovereignty.

introduction
THE PARADIGM SHIFT

Introduction

Programmable property rights are moving from the application layer into the asset itself, creating a new primitive for digital ownership.

Licensing is migrating on-chain. The legal wrapper for digital assets is becoming a programmable, composable, and tradable component of the asset's state, not a separate legal document.

Embedded licensing creates new markets. This transforms rights from static terms into dynamic, tradable assets, enabling secondary markets for usage rights, royalties, and access control.

ERC-721C and ERC-6551 are the foundational standards. These standards enable on-chain enforcement of royalties and turn NFTs into programmable smart contract wallets, respectively, proving the technical viability of this shift.

Evidence: The $1.2B in creator fees enforced by ERC-721C implementations demonstrates that market participants will adopt embedded rules when they are economically rational and seamlessly integrated.

thesis-statement
THE EMBEDDED LICENSE

The Core Argument: From Policy to Protocol

Asset-level programmability transforms legal policy into immutable, composable code, making the license the primary interface.

Licensing logic migrates on-chain. Traditional legal agreements are external, slow, and unenforceable in code. The future embeds rules like royalties, transfer restrictions, and usage rights directly into the token's smart contract or standard, as seen with ERC-721C for configurable royalties.

The asset becomes the policy engine. This shift moves enforcement from centralized platforms like OpenSea to the asset itself. A token with an embedded license carries its own business logic, enabling permissionless composability across any DEX or marketplace that respects the standard.

This creates a new primitive for DeFi. Programmable assets are not just for NFTs. Imagine a bond token with embedded KYC checks or a real-world asset (RWA) with automated compliance waterfalls. This is the logical evolution from simple ERC-20s to stateful financial objects.

Evidence: The adoption of ERC-5169 and ERC-7540 for on-chain royalties demonstrates market demand. Platforms like Manifold and Zora are building tooling to make embedded licensing the default, moving beyond reliance on optional marketplace policy.

THE FUTURE OF LICENSING IS EMBEDDED IN THE ASSET

Web2 vs Web3 Licensing: A Protocol-Level Comparison

A feature and capability matrix comparing traditional centralized licensing models with on-chain, asset-native approaches.

Protocol FeatureWeb2 (Centralized Registry)Web3 (On-Chain Registry)Web3 (Fully On-Chain Asset)

Licensing Logic Location

Off-chain Database

On-chain Smart Contract

On-chain Token (ERC-721/1155)

Royalty Enforcement

Manual, Post-Hoc Audits

Programmable at Sale (e.g., EIP-2981)

Immutable in Transfer Logic

Secondary Sale Royalty Capture

Global License Verification

Central API Call

Public Blockchain Query

Public Blockchain Query

Composability with DeFi

Automated Split Payments

Manual Banking

Programmable (e.g., 0xSplits)

Native to Mint/Transfer

License Portability

Vendor Lock-in

Interoperable via Standards

Fully Portable with Asset

Update/Revocation Mechanism

Central Admin Control

Contract Owner/Multi-sig

Immutable or DAO-Governed

deep-dive
THE LICENSING LAYER

Architecting the Programmable Asset

On-chain licensing moves from a static legal wrapper to a dynamic, executable layer embedded within the asset's code.

Programmable royalties are the baseline. An NFT's smart contract now defines revenue splits, secondary sale fees, and usage permissions directly on-chain, enforced by the protocol. This eliminates reliance on centralized marketplaces like OpenSea for royalty enforcement.

The future is composable licensing. Assets will carry modular, machine-readable license terms that interact with other protocols. A music NFT's license could automatically route streaming fees via Superfluid or grant derivative rights through Aragon-managed DAOs.

Static files become dynamic programs. The asset is the interface. Instead of a JPEG, you hold a program that can render differently based on holder status, time, or governance votes, as seen in Art Blocks generative projects or FWB's token-gated experiences.

Evidence: The ERC-721 standard is insufficient. New token standards like ERC-6551 (token-bound accounts) and ERC-5218 (composable NFTs) are emerging to natively support this embedded logic, turning every asset into an application.

protocol-spotlight
THE FUTURE OF LICENSING IS EMBEDDED IN THE ASSET

Protocol Spotlight: Who's Building the Stack

On-chain licensing moves beyond static legal documents to become programmable, verifiable, and enforceable logic baked directly into tokens and smart contracts.

01

The Problem: Royalties Are a Broken Promise

Creator royalties on NFT marketplaces are optional and easily bypassed, leading to ~80%+ non-compliance on secondary sales. This breaks the fundamental economic model for artists and IP holders.

  • Market Fragmentation: Each platform implements its own, often weak, enforcement.
  • Zero On-Chain Enforcement: Royalties are a social contract, not a technical one.
80%+
Non-Compliance
$2.9B
Lost Royalties (Est.)
02

The Solution: Programmable IP with EIP-5218

EIP-5218 (Adjuncts) proposes a standard for non-consensual transfers, allowing assets to embed logic that can block, tax, or modify unauthorized sales. This makes licensing a first-class citizen of the token.

  • On-Chain Enforcement: Royalty logic is executed at the protocol level, not the marketplace level.
  • Composability: Works across any EIP-5218-compliant marketplace, exchange, or bridge.
100%
Enforceable
EIP-5218
Standard
03

The Enforcer: Manifold's Royalty Registry & ERC-7496

Manifold's Royalty Registry acts as a canonical on-chain source for royalty information. Paired with ERC-7496 (NFT Rights), it enables dynamic, upgradeable rights modules attached to NFTs, shifting power from platforms back to creators.

  • Dynamic Updates: Creators can modify terms post-mint without breaking the NFT.
  • Universal Hook: Any marketplace can query the registry for enforceable terms.
1M+
NFTs Supported
ERC-7496
Rights Standard
04

The Frontier: a16z's Can't Be Evil Licenses

A16z Crypto packaged Creative Commons-style licenses as ready-to-deploy Solidity code, making open-source IP licensing verifiable on-chain. This solves legal ambiguity for derivative works and commercial use in Web3.

  • Legal Clarity: Pre-vetted, standard legal text reduces friction and risk.
  • Machine-Readable: DApps can automatically check permitted uses.
CC0 to ARR
Spectrum Covered
Public Good
License Type
05

The Infrastructure: Story Protocol's IP Graph

Story Protocol builds a programmable IP layer, treating IP as a composable primitive. It creates an attribution graph for derivatives, automating royalty flows and permissions for remixes, akin to a version control system for creativity.

  • Automated Royalty Splits: Revenue automatically flows to all contributors in a derivative tree.
  • Granular Permissions: Set terms for specific use-cases (e.g., commercial vs. non-commercial).
Graph-Based
Architecture
Auto-Splits
Royalty Flow
06

The Verdict: Licensing as a Core Primitive

Embedded licensing transforms IP from a legal afterthought into a key financial and composability layer. The stack winners will be those providing the standards (EIP-5218, ERC-7496), registries (Manifold), and programmable layers (Story) that make this seamless.

  • New Business Models: Subscription NFTs, time-bound access, revenue-sharing tokens.
  • Institutional On-Ramp: Clear, enforceable on-chain terms are mandatory for large-scale IP.
Core Primitive
Shift
Institutional Grade
Outcome
counter-argument
THE REALITY CHECK

The Bear Case: Why This Might Not Work (And Why It Will)

Embedded licensing faces adoption hurdles from technical complexity and market inertia, but its composability and programmability will force a winner-takes-most outcome.

The adoption barrier is immense. Every new standard requires ecosystem-wide coordination, a problem that killed ERC-918 (PoW NFT) and stalled ERC-6551 (Token Bound Accounts). Protocol teams like Uniswap and Aave will not integrate novel asset standards without proven demand, creating a cold-start problem.

Licensing logic is a UX nightmare. Asking a user to sign a transaction that includes a royalty enforcement clause or a commercial use restriction adds friction. Current wallets like MetaMask and Rabby are not built to parse and display this data intuitively, leading to failed transactions and user abandonment.

The counter-argument is composable primitives. Once a standard like ERC-721c (revocable transfers) or a Sudoswap-style conditional transfer hook is live, it becomes a composable primitive for all future applications. This creates a network effect where the cost of not integrating becomes higher than the cost of integration.

Evidence: Programmable money always wins. Look at ERC-20 and ERC-721. Their dominance wasn't due to being perfect, but because their programmability enabled an ecosystem of DeFi (Compound, Aave) and NFTFi (Blur, NFTX). Embedded licensing is the next logical layer of financialization for digital assets.

risk-analysis
THE FUTURE OF LICENSING IS EMBEDDED IN THE ASSET

Risk Analysis: The Implementation Minefield

Moving beyond static legal documents, the next wave of IP management encodes rights and royalties directly into the token, creating a new class of programmable compliance.

01

The Problem: Static NFTs, Dynamic Infringement

Today's NFTs are dumb bearer instruments. A single on-chain sale triggers a royalty, but subsequent off-chain licensing deals, merchandising, or derivative works are untracked and unenforced, leaving billions in potential revenue unclaimed. The asset's utility is frozen at mint.

  • Royalty Leakage: Secondary market royalties are easily bypassed.
  • No Usage Tracking: Real-world commercial use is invisible to the IP holder.
  • Manual Enforcement: Legal action is the only recourse, costing >$100k per case.
>90%
Royalty Evasion
$100k+
Enforcement Cost
02

The Solution: Programmable Rights with Token-Bound Accounts

Embed a smart contract wallet (like ERC-6551) within the NFT itself. This account becomes the asset's compliance engine, autonomously executing license terms for any interaction.

  • Automated Royalty Splits: Directly route payments to creators, co-creators, and DAOs on any revenue event.
  • Permissioned Access: Gate derivative minting or API access behind a verified payment to the token-bound account.
  • Persistent Attribution: The license and provenance travel with the asset across all markets.
ERC-6551
Core Standard
0-click
Compliance
03

The Problem: Fragmented On-Chain/Off-Chain Reality

IP exists in both digital and physical realms. An NFT for a sneaker design has no connection to the factory producing physical shoes, creating a verification gap. Oracles are too generic and slow for high-frequency, high-stakes commercial data.

  • Data Silos: Production volumes, retail sales, and geo-location are off-chain.
  • Oracle Latency: ~5-minute update cycles are useless for real-time licensing.
  • Trust Assumption: Relying on a single oracle reintroduces a central point of failure.
~5 min
Oracle Latency
100%
Trust Required
04

The Solution: Dedicated Verifiable Compute Networks

Deploy lightweight, application-specific attestation networks (e.g., HyperOracle, Brevis) that generate ZK-proofs of off-chain events. The NFT's embedded account trusts and acts on these verified data feeds.

  • Real-Time Proofs: Verify a manufacturing batch completion or retail sale in <2 seconds.
  • Modular Security: Choose attestation networks based on speed/cost/security trade-offs.
  • Censorship-Resistant Triggers: License fees trigger automatically without a centralized intermediary.
<2s
Proof Time
ZK-Proof
Verification
05

The Problem: Irrevocable Code vs. Evolving Law

Smart contracts are immutable, but copyright law and licensing terms change. An embedded license from 2024 may be illegal or unenforceable in 2030, creating permanent compliance risk. Upgradability introduces admin key centralization.

  • Legal Rigidity: Cannot amend terms for new jurisdictions or case law.
  • Upgrade Dilemma: Proxies and multisigs betray decentralization principles.
  • Forking Risk: Inflexible contracts will be forked by more adaptable competitors.
Immutable
Base Layer
High
Regulatory Risk
06

The Solution: Time-Locked Governance & Legal Wrappers

Embed a governance module within the token-bound account that allows rights holders to vote on parameter updates, with long time-locks (e.g., 90 days) for major changes. Pair this with off-chain legal frameworks (like OpenLaw TTLs) that reference the on-chain state.

  • Controlled Evolution: License terms can adapt with supermajority consensus.
  • Transparent Process: All proposed changes are visible and contestable on-chain.
  • Legal Synergy: On-chain code provides audit trail for off-chain legal agreements.
90-day
Change Delay
DAO-Based
Amendments
future-outlook
THE EMBEDDED ASSET

Future Outlook: The 24-Month Roadmap

Licensing logic will migrate from smart contracts into the asset's own state, creating self-contained, portable value.

Licensing logic embeds into state. The current model of referencing off-chain terms or storing logic in a dApp's contract is obsolete. The next standard, akin to ERC-721 but for rights, will encode terms like royalties and commercial use directly within the token's on-chain metadata, making the asset its own enforcement mechanism.

Portability defeats walled gardens. This shift breaks platform lock-in. An asset with embedded licensing, like a music NFT, carries its business logic across Uniswap, OpenSea, and Blur without requiring integration from each marketplace. The marketplace becomes a dumb renderer; the asset is the smart participant.

Automated compliance becomes trivial. With rules on-chain, decentralized autonomous organizations (DAOs) and protocols like Aragon can programmatically verify and execute license terms. A derivative NFT mint automatically pays a 5% royalty to the original creator because the parent asset's state demands it, eliminating manual enforcement.

Evidence: The trajectory of token standards (ERC-20 -> ERC-721 -> ERC-1155 -> ERC-5169) demonstrates a clear evolution towards more expressive, executable on-chain assets. Projects like Manifold's Royalty Registry are early attempts to harden this logic, but the endpoint is the asset itself.

takeaways
THE FUTURE OF LICENSING

Key Takeaways

On-chain licensing shifts the paradigm from legal documents to executable code embedded directly within digital assets.

01

The Problem: Royalty Enforcement is a Trust Game

Off-chain agreements and centralized marketplaces have failed to enforce creator royalties, leading to >90% non-compliance on major NFT platforms. This creates a $1B+ annual leakage for creators and undermines the economic foundation of digital art and music.

  • Key Benefit 1: Code-enforced revenue streams become a native property of the asset.
  • Key Benefit 2: Eliminates reliance on the goodwill of intermediaries like OpenSea or Blur.
>90%
Non-Compliance
$1B+
Annual Leakage
02

The Solution: Programmable Rights as a Primitive

Projects like EIP-5218 and ERC-6956 define on-chain licensing as a core smart contract standard. This turns static NFTs into dynamic, self-enforcing financial assets where terms are verified at the protocol level.

  • Key Benefit 1: Enables complex, automated revenue splits for collaborators (e.g., 50% to artist, 30% to label, 20% to producer).
  • Key Benefit 2: Unlocks new asset classes like licensed music stems for AI training or composable game assets.
ERC-6956
Key Standard
100%
Auto-Enforcement
03

The Future: Licensing as a Liquidity Layer

Embedded licensing transforms IP from a legal claim into a tradable, composable financial instrument. This creates a new DeFi primitive where future royalty streams can be fractionalized, pooled, and used as collateral.

  • Key Benefit 1: Enables royalty-backed lending and yield generation on platforms like Goldfinch or Centrifuge.
  • Key Benefit 2: Drives the convergence of DeFi and IP, creating a transparent, global market for intellectual property rights.
New DeFi Primitive
Market Creation
24/7
Global Market
ENQUIRY

Get In Touch
today.

Our experts will offer a free quote and a 30min call to discuss your project.

NDA Protected
24h Response
Directly to Engineering Team
10+
Protocols Shipped
$20M+
TVL Overall
NDA Protected Directly to Engineering Team
Programmable NFT Licensing: The End of Web2 Royalty Theft | ChainScore Blog