Review of Copyright Agent Mediation for Creations on the Metaverse Platform
Article posted in 2024-11-11 18:11:45 | VEAT
Law firm Veat received a request from Metaverse company A (hereinafter referred to as "the client") to review whether copyright brokerage is possible.
The client inquired about the copyright ownership of secondary content created by users through the metaverse platform's content or creation tools, which the client provides, and wishes to sell to other users. Specifically, they requested a review of whether the copyright of secondary works created by users utilizing the content or tools provided by the platform legally belongs to anyone, and whether such sales constitute copyright brokerage.
Who owns the copyright of secondary works created through the platform?
✔ Review of Copyright Brokerage Possibility
The metaverse platform provides an environment where users can create and sell various secondary contents utilizing provided content or creation tools. In this case, it is necessary to review whether the platform legally constitutes copyright brokerage if it is mediating content sales between users. For example, if a user wants to sell a secondary work created utilizing assets provided by the platform, a review is needed to determine whether the platform performs the role of copyright brokerage in this process.
✔ Limitations of Terms of Use and Copyright Ownership of Secondary Works
Most metaverse platforms include a clause in their terms of use stating that 'the copyright of content created by users belongs to the platform.' Nevertheless, it is necessary to review the original acquisition of copyright of secondary works according to copyright law.
Law firm Veat reviewed based on the consistent rulings by the Supreme Court that even for highly commercial applied art works or secondary works, copyright is originally vested in the creator at the moment of creation.
✔ Necessity of Copyright Brokerage and Copyright Assignment Contract
When a metaverse platform provides copyright brokerage services, the copyright ownership issue is closely related to copyright assignment. In order for the platform to function as a copyright broker, the copyright property rights of the content created by the user must be assigned to the platform to legally manage and mediate copyright. Law firm Veat provided guidance to the platform on the necessity of copyright property rights assignment based on the review results, and recommended measures for specifying assignment, assignment of rights of creation of secondary works, limitation of rights of personality, compensation for assignment, and proof of agreement.
Copyright Assignment Contract
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- Assignment of Copyright Property Rights: The contract should include a clause requiring the platform to assign copyright property rights to the platform for the secondary work created by the user. This allows the platform to smoothly carry out commercial use or brokerage of the work. - Assignment of Right of Creation of Secondary Works: If the work has the potential to be further expanded or utilized as a secondary work, the right of creation should also be assigned. - Limitation of Rights of Personality: The creator’s right of personality, such as the right to maintain the integrity of the work, can be limited, but prior agreement is needed for whether such limitations can be partially agreed upon for commercial use. - Compensation for Assignment: The contract should also specify a method for providing appropriate compensation to the creator as consideration for receiving copyright property rights. |
Song Do-young, representative lawyer of Law firm Veat, is recognized for his deep expertise in key areas such as personal information, games & e-sports, blockchain, and electronic commerce in the TMT (Technology, Media and Telecommunications) field, where advancements in the 4th industrial revolution have expanded to include AI, and has been selected for the "Leading Lawyers 2024" TMT section.
If you need legal advice regarding metaverse, copyright, or other related matters, please feel free to contact Law firm Veat.
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Law firm Veat