Painting the future: NFTs and the new canvas for African artists

Non-fungible tokens provide an unprecedented space for African creators to share their stories and traditions with the world, but awareness of varying copyright laws is essential, explains Isabella Becaro Pinho of Inventa.

The way we create art reflects how we engage with the world around us. For many artists, creation is rooted in personal identity, cultural heritage, and lived experience.

With the rise of NFTs (non-fungible tokens), a new space for artistic and cultural storytelling has emerged. This space allows creators to present their art alongside the narratives and identities that shaped it.

In Africa, this new space has become a powerful tool for artists to amplify their voices and share cultural narratives with the world. Still, this opportunity comes with legal challenges, especially concerning copyright, authorship and enforcement, often in contexts where legal frameworks are still developing and where significant gaps remain.

An overview of NFTs and their importance

NFTs are unique digital tokens stored on a blockchain that serve as verifiable proof of ownership and origin of a specific digital asset. These assets can be visual artworks, photographs, drawings, videos, music, or even game items.

The process of creating a unique digital asset and recording it on a blockchain is called “minting” an NFT. This generates a secure and transparent record that allows others to verify the owner, the history of transactions, and other key details. In a digital world where content can be easily copied and shared without permission, NFTs offer a way to prove ownership and ensure traceability.

In addition, NFTs maintain the integrity and quality of the image. Importantly, NFTs also preserve image quality and allow detailed appreciation. Viewers can zoom into high-resolution digital works to experience the subtle nuances of an artist’s technique. This fidelity, combined with traceable ownership, has redefined how we experience and collect digital art.

Globally, NFTs have disrupted traditional art markets, long known for being exclusive and closed to emerging artists. For African artists, this technological shift is providing meaningful visibility and economic opportunity.

Digital identity: African artists in the NFT era

In recent years, NFTs have opened doors for African artists, enabling them to showcase cultural narratives through a global lens. In response to the unprecedented sale of works like Beeple’s Everydays: the First 5000 Days ($69.3 million at Christie’s in 2021), many creators began exploring the NFT space.

This movement also triggered a notable surge in opportunities for emerging African artists, who are merging digital innovation with traditional art forms to share their history, heritage, and identity.

Initiatives like ART X Lagos, the continent’s leading international art fair, have embraced NFT exhibitions. Outside Africa, exhibitions such as Sacred Roots in Dubai also spotlight African NFT creators.

Prominent digital artists include:

• Osinachi, a Nigerian digital artist, who became the first African NFT creator to be featured at Christie’s—one of the world’s leading art and luxury auction houses—in London in 2021. His artwork Becoming Sochukwuma was sold for $80,000 on the SuperRare platform.
• Niyi Okeowo, Moonsundiamond, and Anthony Azekwoh, who continue to gain global attention.
• Ayesha Kazim, a Nigerian/South African photographer.
• Rayan Elnayal, whose digital art is rooted in Sudanese culture.
• Ameni Abida, whose NFT 3oksa depicts a fading North African hair-wrapping tradition, offering both a personal reflection and a strong example of cultural expression through NFTs.

NFTs have thus become more than a commercial tool; they serve as a channel for preserving and honouring cultural heritage.

NFTs and copyright: Exploring legal intersections

When an artist creates a work of artistic expression, they are recognised as its author, even without formal registration. However, while NFTs offer a new layer of digital traceability and can generate economic returns for their holders, they do not equate to copyright protection.

Simply turning a work into an NFT does not automatically establish legal or formal ownership under the current national copyright laws. Each jurisdiction has its own legal framework, and the enforceability of rights also depends on those mechanisms.

The blockchain offers a transparent and traceable record of an NFT’s origin, which can serve—to a certain extent—as supporting evidence of ownership in legal disputes.

However, it is essential to remember that the underlying artwork remains subject to copyright laws and local regulations. To formally recognise and protect a work, prevent unauthorised use, and ensure legal certainty, artists must still seek protection under the relevant copyright regime.

In many African countries, enforcement remains limited, particularly in jurisdictions where copyright systems are underdeveloped, weakly enforced, or even non-existent.

Equally misunderstood is the scope of rights transferred when purchasing an NFT. Buyers do not automatically acquire commercial rights, such as reproducing the image on merchandise. These rights must be explicitly granted through the agreement associated with the artwork.

On the other hand, creating an NFT based on another protected work—or even incorporating parts or references to it—without prior authorisation may constitute copyright infringement, regardless of whether the token itself is “technically new” or “appears unique”. The supposed originality of the token does not override the rights attached to the underlying work.

The central point is that NFTs can provide artists with recognition and financial returns. However, when complemented by copyright protection of the underlying artwork, they confer an additional layer of legal security. Several risks extend beyond the NFT itself, necessitating formal legal safeguards.

To illustrate, an artist may be both the author and rightful owner of a work tokenised as an NFT, in which case no immediate conflict arises. Conversely, there are instances where a third party may tokenise the same work first, asserting ownership without being the original creator. In such disputes, all available evidence is critical in establishing legitimate authorship and ownership rights.

It is imperative to underscore that while NFTs offer promises of authenticity and digital traceability, they do not supplant the necessity for formal recognition under national copyright frameworks. In the absence of such registration, African artists—particularly those engaging with traditional cultural expressions and operating in jurisdictions with evolving intellectual property laws—remain vulnerable to legal uncertainty.

Although NFTs may be considered only a preliminary or nascent protective measure in legal disputes, enforcement of copyright claims remains limited within many African jurisdictions.

Challenges in access and awareness

Even as NFTs offer new opportunities, access remains uneven. Internet infrastructure is limited in many parts of Africa, and awareness of NFT creation, copyright implications, and blockchain platforms is still developing.

Additionally, legal uncertainty persists in countries where cryptocurrency use is restricted or unregulated, creating additional barriers for artists seeking to engage with the NFT market.

Nonetheless, for many African creators, NFTs offer a rare chance at international visibility, financial independence, and artistic freedom. While the blockchain records their ownership, the global digital stage gives them the spotlight.

Legal framework in Africa

• Berne Convention

Africa has strong representation in the Berne Convention, which defines “literary and artistic works” broadly, covering all original creative expressions regardless of format. This includes digital works by default, even though the treaty predates the digital era.

• WIPO Copyright Treaty (WCT)

The WIPO Copyright Treaty (WCT) extends the protections of the Berne Convention into the digital environment. The Agreed Statement concerning Article 1(4) explicitly confirms that reproduction rights apply equally to digital formats and clarifies that storing a work in digital form constitutes an act of reproduction.

Furthermore, the Agreed Statement related to Article 10 permits member states to implement limitations and exceptions specific to the digital environment, provided these are consistent with the principles established under the Berne Convention.

• The African Regional Intellectual Property Organisation (ARIPO)

The Kampala Protocol (2021) on Voluntary Registration of Copyright and Related Rights, though not yet in force, proposes a regional copyright database and offers a presumption of authorship and ownership. ARIPO already recognises digital files as valid formats of fixation for copyright purposes.

• Organisation Africaine de la Propriété Intellectuelle (OAPI)

The Bangui Agreement (Annex VII) governs literary and artistic property within OAPI states. Though it doesn’t explicitly mention digital works, its language includes photographs, audiovisual creations, sculptures, and traditional cultural expressions—which may be understood as implicitly encompassing NFTs.

The effective enforcement of these rights, however, depends on ratification, local implementation, and accessible legal mechanisms.

Conclusion: Bridging art, identity, and legal protection

In a world where copying is effortless and creativity often undervalued, creating remains a bold act of courage. NFTs offer artists a powerful tool for visibility, monetisation, and cultural affirmation.

Yet, NFTs go hand-in-hand with copyrights. Without a parallel awareness of NFTs themselves and a robust copyright framework, their promise may remain unfulfilled.

Still, for many African emerging artists—especially those in countries where copyright enforcement is minimal or even non-existent—NFTs may represent the only accessible pathway to recognition and ownership. In these contexts, they are not a complete solution, but often the only available starting point.

The path forward lies in legal modernisation, cross-border cooperation, and the strengthening of IP systems, so that digital innovation and legal protection can advance together.

Through NFTs, art becomes more than ownership—it becomes a celebration of culture, history, and economic opportunity.

At a time when it was nearly impossible for emerging artists to rise, the digital era now offers an unprecedented space for African creators to share their stories and traditions with the world, in alignment with their own identity.

Isabella Becaro Pinho is an IP legal consultant at Inventa, and can be contacted at ibecaropinho@inventa.com.