SEC Commissioner Hester Peirce stated that most NFTs, including those with creator royalties, likely do not fall under U.S. securities laws as they lack characteristics defining securities.
Peirce clarified that NFTs not involving business ownership or profit-sharing do not qualify as securities, even if they offer royalties on secondary sales.
NFT royalties were compared to music streaming payments, with Peirce emphasizing that this feature does not indicate investment intent and does not grant buyers ownership rights or future profits.
Peirce and legal experts believe NFT royalties were never considered securities under U.S. law, emphasizing the need for broader clarity on regulatory guidelines for NFT marketplaces.