This work of conceptual art, “The value of NFTs,” consists of having been previously issued one edition of Brian L. Frye’s work “SEC No Action Letter Request 3: Securitized NFTs” and receiving an official response to Frye’s work. His work consists of a request to the SEC in the form of a no-action letter requesting permission to issue unregistered securities in the form of the art itself. The SEC staff can respond to Frye’s work in three ways: doing nothing, issuing a letter denying the requested relief, or issuing a letter granting the requested relief.
The value of NFTs as an asset class is inextricably linked to the SEC’s decision: whether NFTs constituting works of conceptual art can me...