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Alliance Center for
Intellectual Property Rights


IPR IN METAVERSE

January 15, 2024

*Ms. Rishika Sharma

INTRODUCTION

Metaverse is a virtual reality in the world of the latest technology and functions. In a Metaverse people can represent themselves through this application in a virtual world. It is a virtual world in which an individual can enable their character, identity, or community along with exchange of values or of ideas between the people or organization.

The Metaverse trademark disputes revolve around cyber security, in this case the position regarding the protection of trademark in different jurisprudence is still unclear. This virtual platform is like a real world’s good and services cost where the companies pay a good amount for their protection of their individuality. Technological advancement and evolution create clarity in considering the techno legal issues and problems.

In this the question arises like how the copyrights can be issued and if it is issued whether there will be any recognition? Or what happens when someone else creates the same verse/space in virtual world?

The Indian courts have planned to approach the Arbitration Dispute Resolution to provide the rights to the parties. But still there is a trouble regarding the application of laws because there is no proper regulation or the concept where the metaverse can be defined or how the IPR can be applied in certain disputes.

Copyright is a legal right in which no other person can use your work or creation without your permission and cannot make it their own work. It is permitted to the authors or the creators of the original work. The copyright regulation in India has been amendment quite a times with the new laws and the advancement of the internet, it also identifies the problems of same.

In real world the music, books and even content can be put under the copyright laws but how the virtual space where everything is made through the computer software code which can be copyright and what holds the validity of it, this is where the complexity starts as this is the place where the content has been virtually shared, the virtual asset are created and made. One’s brain tries to use their own creativity to cross the limits of the capacity as they provide multiple opportunities. For example, the avatars, which can be copied and the way to track is difficult therefore to put it down becomes a nightmare.

The Ownership in relation to the IP

There is absence of judicial boundaries for the legal protection along with the identification of the IP user location and applicable legal regime. The content is created by deploying AI technology in the platform. The better solution will be to create a distinct category so that it is easy to locate them and so as to identify the violations made.

Contracts

The contract will need the timely re-evaluation of the existing contents also. The new content license needs to be drafted carefully to prevent the exploitation of any technology. Flexibility needs to be assessed for the commercial factors when new cases arise.

Music Licensing

The licenses shall be negotiated critically as the streaming of the music will be in private and public mode due to which it will be difficult to find the exact location of the person who copied. In case of usage of the music for the digital or the visuals it requires the synchronization license. Hybrid form of licenses would be required for the changing needs.

Cybercrimes

The laws between the countries vary from each other. International cooperation and legal assistance are required to handle the crimes, sharing information, etc.

There are various steps for protection like registering the copyright, trademark, or patent with the authorities of the jurisdiction of interest, through this the possible protection can be there so in case of infringement, legal action can be taken. Using automated tools to check the metaverse for infringement. The licensing of the creation will provide you with additional security and ensure the safety of your data and the content so that none can use it or make it their own.

Conclusion

There are a lot of legal issues going on around the metaverse which address the safety and experience of the user and the creators. There is a requirement of new laws which will contemplate with the technology and ensure there is no misuse of the content in the virtual reality space. AI is a powerful tool, and the human mind is more cunning, if laws do not become strict this could result in the worst scenario ever seen. The current laws are strong enough to protect the rights or safeguard of individuals but not sufficient to stop the crime completely.

References:
  • Wiles, J. (2024, January). WhatIs a Metaverse? Gartner https://www.gartner.com/en/articles/what-is-a-metaverse (last visited January 5, 2024).
  • Chaudhri, S (2023, December). Future of Indian IP Rights in the Metaverse. Asia Business Law Journal. https://law.asia/future-india-ip-rights-metaverse/ (last visited January 5, 2024)
  • Vineeth. (2024, January 25). Copyright - Definition, what is Copyright, Advantages of Copyright [SNIPPET]. Clear Tax. https://cleartax.in/glossary/copyright/ (last visited January 5, 2024)
  • Kashdaran, A. (January 24, 2024). Copyright Laws in the Metaverse: Challenges and Emerging Issues. LinkedIn. https://www.linkedin.com/pulse/copyright-laws-metaverse-challenges-emerging-issues-amir-kashdaran(last visited January 5, 2024)
  • Banerjee, T & Johri, I (2022, July). India: Content, Intellectual Property & the Metaverse. Mondaq,https://www.mondaq.com/india/copyright/1214846/content-intellectual-property--the-metaverse(last visited January 5, 2024)
  • Prajit, G (2023, May). Protecting intellectual property in the metaverse: Challenges, opportunities, and recent case laws. The Times of India. https://timesofindia.indiatimes.com/blogs/voices/protecting-intellectual-property-in-the-metaverse-challenges-opportunities-and-recent-case-laws/ (last visited January 5, 2024)
  • Pratibha M. Singh, Challenges Faced by Intellectual Property Rights in the Digital Era, 8th PPT for Concluded Programmes 2019-20, National Judicial Academy of India (2019) https://nja.gov.in/Concluded_Programmes/2019-20/P-1186_PPTs/8.Session-VI%20IPR.pdf(last visited January 5, 2024)
  • Contributors, FM (2023, December). Legal Challenges in the Metaverse: Navigating Intellectual Property Rights. Finance Magnates. https://www.financemagnates.com/forex/regulation/legal-challenges-in-the-metaverse-navigating-intellectual-property-rights/(last visited January 5, 2024)
  • MBA Knowledge Base (2023, December). Impact of Information Technology on Organizations. MBA Knowledge Base. https://www.mbaknol.com/information-systems-management/impact-of-information-technology-on-organizations/#google_vignette(last visited January 5, 2024).
Author:

*Ms. Rishika Sharma
BBA. LLB. Student, Alliance School of Law, Bengaluru

Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights(ACIPR) and the Centre does not assume any responsibility or liability for the same.