A world where virtual beings also need real protection.
Imagine a scenario in which you can talk to, dance with, and even marry your favourite celebrity. The difference here is that the celebrity isn't even a real person.
The continuous development of virtual reality and artificial intelligence technology has moved many aspects of our lives into the digital realm. It is inevitable that the lines between the real world and the virtual world will start to blur, as new innovations require interaction between both worlds. One such innovation is virtual beings and they are already here and growing at a frantic pace.
A virtual being is a digital character created using computer technology. They include agents that are computer controlled and avatars that represent real people. The most important element that distinguishes virtual beings from other characters is that they directly interact and communicate with people. Virtual beings are rapidly gaining influence, dictating trends across the entertainment, advertising and media industries.
Because the rise of virtual beings is relatively recent, there is inevitably a protection gap between the speed of advancement and the protection available. With many industries rapidly adopting them, virtual beings will be at the forefront of precedent-setting IP developments, as IP laws across many jurisdictions have not evolved to accommodate their protection. This is the first contribution in a series of articles that addresses potential IP issues.
What is a virtual idol?
A virtual idol refers to an artificially created virtual being that sings and dances, much like real life idols, but they can inhabit the virtual and/or real world. The first notable example of a virtual idol is
Virtual idols were then enthusiastically adopted by gaming companies. In 2018, Riot Games debuted KD/A, a virtual girl group, to market their video game
The popularity of
Case Study
On 28 October, Korean entertainment company
The simultaneous debut of real-life members and their virtual counterparts raises the question of to what extent can IP laws protect the respective rights of the two. If the virtual members were solely characters that were created, then they would be protected mainly by copyright laws. In this case, however, the avatars are based on real humans, leading to tricky legal issues, as authorship, copyright laws, publicity and personality rights are involved.
IP Issues
Authorship
The development of a virtual idol is usually made up of a team of engineers, content creators and artists from the same company. However, some companies may outsource parts of its development to other entities. If a virtual idol is created by several different parties, who would hold the rights and how would they be distributed? If real-life idols were also involved, this area could become very complex indeed. The answers for these questions will most likely be decided on a case-by-case basis and would need to be clearly addressed in contracts between all parties.
Copyrights and Publicity Rights
Publicity rights, also known as image or personality rights, is the right of an individual to control the commercialisation of their identity, such as their image and likeness. If a third-party decides to use the image of the virtual avatar without authorisation, the real-life members would also be entitled to rely on publicity rights as the avatars are based on their appearance and are also used commercially.
IP issues between the artists and the party owning the virtual idols are more complicated. Assuming
Conclusion
The debut of aespa reveals
Footnote
1. 1st
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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