NFT Royalties After OpenSea’s Policy Shift: What to Do

OpenSea’s 2023 decision ended the assumption that it would require creator royalties across the board. In 2026, the practical rule is to check the specific NFT collection and marketplace before relying on a royalty payment: OpenSea’s current help information describes creator earnings as either optional or enforced, rather than one universal setting.

That distinction matters whether you create, sell or buy:

• Creators: check how a marketplace treats your collection and whether its enforcement setting fits your goals.
• Sellers: find out what the listing will charge and what you will receive after any creator earnings, marketplace fees and network costs.
• Buyers: review the total payable amount, not just the displayed NFT price.

A royalty is a payment mechanism, not a guarantee that every future resale will pay the creator. Different marketplaces and contracts can handle it differently. The safest approach is to treat royalties as collection- and venue-specific, and to verify the relevant terms at the time of each transaction.

NFT royalties—also called creator earnings by OpenSea—are amounts intended to go to a creator or another designated recipient when an NFT is resold. They are usually expressed as a portion of a sale, but the collection or marketplace determines the rate and how it is calculated. Royalties are separate from marketplace fees and blockchain gas or other network costs.

The key distinction is between requesting a royalty and enforcing payment. A collection may publish royalty information, but a marketplace can still let a seller complete a sale without paying that amount. In some cases, a smart contract can impose restrictions on transfers, but that can limit where and how the NFT is traded.

A royalty also does not automatically grant the creator a legal right to collect money from every resale. The NFT’s terms, contract design, marketplace rules and applicable law all matter. Nor does buying a token usually transfer copyright: the token and the underlying artwork’s intellectual-property rights are different things. Read the collection’s rights and marketplace terms separately instead of treating a royalty field as a complete statement of creator rights.

OpenSea’s position changed over time, so the 2023 announcement should not be confused with a single rule for every NFT today.

• November 2022: OpenSea introduced a tool intended to let creators restrict resales to marketplaces that enforced royalties. The tool was aimed at new collections and drew debate about whether marketplace restrictions were a fair way to secure creator payments.
• August 2023: OpenSea announced that it would stop enforcing mandatory creator royalties for new NFTs from August 31, 2023. Its plan covered existing collections later, in March 2024.
• By 2026: OpenSea’s help information describes creator earnings as optional or enforced. That means you should inspect the setting for the particular collection rather than assume the 2023 change describes every current listing.

The broader issue remains: marketplaces compete for buyers and sellers, while creators want income from secondary sales. A marketplace may prioritize optional fees to make trading more attractive; a creator may prefer an enforced setting even if it narrows the places where a token can be sold. Neither preference removes the need to check the actual sale terms.

Before you rely on royalties for a collection, verify the current collection-level setting and the marketplaces where you expect buyers to trade. OpenSea’s 2026 help information says creator earnings can be optional or enforced; it does not mean every collection has the same treatment. Check the actual listing and collection settings, not a general assumption based on OpenSea’s past policy.

Use this sequence:

1. Identify the collection and contract. Confirm the NFT belongs to the collection you intend to trade; similarly named collections can be unrelated.
2. Check the creator-earnings setting. See whether it is optional or enforced for that collection and which recipient is designated.
3. Review the sale preview. Confirm the amount you pay or receive, including any displayed creator earnings, marketplace charges and network costs.
4. Check the marketplace’s rules. Enforcement on one venue does not establish how another venue will process a listing.
5. Read the wallet prompt. Make sure the transaction matches the sale you intend to approve; do not sign an unclear or unexpected request.

If the setting, recipient or cost is unclear, pause and ask the collection’s creator or marketplace for clarification before listing or buying.

If you create NFTs, build your plan around the possibility that secondary sales will not reliably generate income. A royalty setting can help where supported, but it is not a substitute for clear terms, an audience and a sustainable way to fund your work.

Before minting or listing, decide:

• What rights buyers receive. Explain whether they receive personal-use, commercial-use or other permissions, and where those terms are published.
• What you expect from royalties. Choose a rate and recipient deliberately, and check how the marketplace calculates payments. Do not assume a displayed percentage means every trade will pay it.
• Where your audience trades. Confirm the venues you want to use support the enforcement approach you select. Restrictions may make trading less flexible or exclude some marketplaces.
• How you will earn if a resale pays nothing. Consider primary sales, commissions, memberships, licensing or other options suited to your work, without assuming those will guarantee income either.

Keep a record of the collection contract, settings and terms in effect when you mint. If you later change a setting, tell holders what changed and whether the change affects existing listings. Clear expectations reduce disputes between creators, collectors and secondary sellers.

As a buyer, treat creator earnings as one part of the total transaction cost, not as proof that the NFT is a sound purchase. Before you confirm a bid or sale, check the amount due, the collection identity and the rights attached to the token. A royalty may be added to a transaction where enforced; an optional royalty may not be paid even if the collection lists a preferred amount.

For sellers, estimate what you will net rather than looking only at the sale price. A transaction may involve creator earnings, marketplace fees and network costs, and the final amount can differ from the headline price. Check the order preview immediately before signing because fees and prices can change between viewing a listing and completing a transaction.

Also ask what happens if you use a different venue. A collection’s royalty information on one marketplace does not establish the terms on another, and a token may have transfer restrictions that affect trading options. Never assume that every NFT transfer is a sale or that every transfer triggers a royalty. If the expected total, recipient or transfer rule is not clear, do not approve the transaction until you understand it.

Royalty disputes often come from treating separate things as if they were the same: a marketplace setting, a smart-contract rule and a legal right. Avoid these common mistakes:

• Assuming an advertised percentage is compulsory. Confirm whether the collection’s earnings are optional or enforced on the marketplace you are using.
• Assuming enforcement follows the NFT everywhere. Check each venue’s rules and the contract’s transfer behavior; policies can differ.
• Confusing token ownership with copyright. Read the collection’s licence or terms to learn what you can do with the artwork.
• Ignoring the seller’s net proceeds or buyer’s total. Account for royalties, marketplace charges and network costs shown for the transaction.
• Signing a wallet request you do not understand. Verify the collection, action and amount in the wallet prompt; reject unexpected approvals or transactions.
• Treating every wallet movement as a royalty-bearing resale. A transfer may be a gift or another non-sale movement, depending on the circumstances and mechanism.

For creators, avoid describing royalties as guaranteed income. For collectors, avoid assuming a low listed price is the final cost. When a marketplace or collection does not make a material term clear, wait rather than guessing.

The policy debate is about more than a fee setting. Creators may see royalties as a way to share in the future value of their work, while collectors and marketplaces may prefer low-friction trading with optional payments. A platform’s decision can shift the balance, but it does not settle questions of copyright, licensing or fair compensation on its own.

For 2026, use a practical decision rule: rely on a royalty only when you have confirmed that the specific collection, contract and marketplace support the payment you expect. Creators should make rights and earnings terms clear before minting and avoid building a budget around guaranteed resale income. Buyers should separate the token’s ownership from any licence to use the artwork, and check all transaction costs before paying.

If your priority is creator compensation, look for a marketplace and collection that clearly explain enforcement and recipient details. If flexibility to trade matters more, check whether any transfer restriction could limit your options. In either case, an NFT’s market value is uncertain, and royalty settings do not ensure future sales or income.