Gabriella Consoli: What about my metaverse royalties?

Gabriella Consoli: What about my metaverse royalties?

Technological innovations have relentlessly challenged legal practitioners, and the subject of great reflection today is the Metaverse. In the series of debates that emerged, one topic that directly affected the field of intellectual property was the decentralization of music, in the face of performance and artistic activity in this parallel technological world.

With the repercussions of the Emicida concert Fortnite, the concern of the Brazilian legal community with the complexities this postmodernity may bring is evident. In fact, this is a fact, considering Brazil’s slow progress on this front. Fortnite Since 2019, we’ve been promoting virtual shows from big names like Travis Scott and Ariana Grande, with great success among millions of viewers. Such demos won’t stop at Fortnite, but will advance to other gaming platforms, such as Wave, a demo of pop star Justin Bieber in 2021.

Most recently, on May 5, 2022, we had an announcement to create an in-game clone of Anitta free fire, is the result of the collaboration between the singer and the game. Garena Corporation announces a new gaming-themed event free fire In partnership with the singer, news, exclusive music and new challenges will be available, but no date has been set for the opening to the public.

Faced with these constant novelties, the legal community began to consider copyright and related rights to songs performed within the confines of the Metaverse. When we talk about copyright and related rights, we refer to several roles, such as the author himself (creator of the work), the artist, whether it is a singer, dancer, actor, voice actor, in short, all performers involved. execution of work.

What happens in the metaverse is no different, these characters are only represented by avatars who symbolize and represent physical people who have rights in reality as we usually understand them. Therefore, works in virtual worlds should also be protected by law, since they also constitute creative human expressions, whether literary, artistic, scientific or technical.

Considering that copyright and related rights have historically had a wide range of people involved in this protection, an interesting point to consider is the advancement of the role of the music business in the metaverse. In the music experience of the Metaverse, it appears that a new layer of protection has emerged in the music industry’s already complex division of copyright and related rights. This layer derives from the creative rights of designers and developers, which allows the legal world to reflect the legacy and moral rights of these creators not only in the metaverse, but in the entire web 3.0 world.

The great interest of this discussion, as usually happens in capitalist reality, is that, in short, propertyi.e. the rights of persons involved in copyright and related protection Receive your beloved royalties. In the United States, we have advanced discussions involving these rights and royalty payments to the point that the NMPA (National Association of Music Publishers) filed a lawsuit for approximately $200 million alleging copyright infringement. In theory, a multiverse platform would copy works that would require royalties for musical performances, but that didn’t happen in this case.

In order to avoid any kind of discussion in this sense, even if the Brazilian legal system does not have proper provisions, the fact that this is characteristic of outstanding disruptive technologies, relevant to such operations, can therefore find detailed contractual support. In this way, private autonomy will be able to protect parties from legislative delays by creating assignment, licensing or atypical contracts consisting of clauses that may cover technology arising from technological development, as has been decreed by the High Court for Licensed to REsp 1,098,626/RJ.

In this sense, a positive view of the rise of modernity must conform to the line that validates bureaucracy.from smart contract or a smart contract estimated in the transaction via blockchain, trusting that everything will be registered in a secure and automated network. Thus, the property rights held by each party that constitute the bulk copyright and related rights of works traded on the network can be quickly calculated.

this will be the way to stop On collecting royalties: private autonomy independent of legislative progress, automatic performance of contractual obligations smart contract. Every time you visit the show, you will receive estate compensation for each character who has that right. Financial credits are automatically and appropriately paid each time an event is accessed. Royalties are allocated for each show.

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