Gabriella Consoli: Where are my metaverse royalties?

Gabriella Consoli: Where are my metaverse royalties?

Technological innovations are relentless in presenting challenges to legal practices and the subject of the moment that brings great reflection is the metaverse. Amid a series of emerging debates, a topic that directly impacts the area of ​​intellectual property is music dispersion, ahead of shows and artistic events in this parallel world of technology.

With the repercussions of the Emicida concert in Fortnite, The concern of the Brazilian legal universe with the possible complexities derived from this post-modernity is evident. In reality, it is a fact that Brazil is taking slow steps in this progress, considering that the Fortnite promotes virtual shows of big names since 2019, such as Travis Scott and Ariana Grande, with a huge audience success in the millions. Such presentations do not stop at Fortnite, advancing to other gaming platforms such as Wave, which hosted the presentation of pop singer Justin Bieber in 2021.

Recently, on May 5, 2022, we had the announcement of the creation of Anitta’s avatar in the game. Free Fire, resulting from a collaboration of the singer with the game. The Garena company has announced a new themed gaming event Free Fire in collaboration with the singer, who will be covering news, exclusive music and new challenges, always with no set date for his availability to the public.

In the face of this constant news, the legal world is beginning to consider the copyright and related rights of the songs performed for the purpose of the metaverse. When it comes to copyright and related rights, we have many characters involved, such as the author himself (creator of the work), the artists, whether they are singers, dancers, actors, voice actors, in short, all the performers involved in the work. execution of work.

It is no different what happens in the metaverse, such characters are represented only by means of avatars, which symbolize and represent a natural person who holds rights in reality as we usually understand. Thus, the works in the metaverse also have and deserve legal protection, considering that they also constitute creative human expression, whether of literary, artistic, scientific or technological characteristics.

An interesting point is to think about the advancement of the characters involved in the music business in the metaverse, considering that copyright and related rights have already historically a wide range of people involved in this protection. In the metaverse music experience, it seems that there is a new protective layer emerging from the already complex slicing of copyright and related rights in the music industry. This path is derived from the creative rights of designers and developers, which makes the legal universe reflect on the patrimonial and moral rights of these creators not only in the metaverse, but in the web 3.0 world in general.

As is often the case in a capitalist reality, the greatest interest in this discussion involves, in short, the property rightsthat is, the right of the character involved in copyright and related protection receive your beloved royalties. In the United States, we have already advanced the discussion involving these rights and the payment of royalties, to the extent that the NMPA (National Association of Music Publishers) is suing for about $ 200 million for copyright infringement. In theory, a multiverse platform would reproduce works that require the collection of royalties for music performance, which is not the case here.

To avoid any kind of discussion in this regard, even without proper regulation in the Brazilian legal system, a fact so characteristic of eminent disruptive technology, relevant that such operations find detailed contractual support. In this way, private autonomy will be able to protect the parties from the failures of legislative delay, either through the elaboration of assignment contracts, licenses or atypical, composed of clauses that can cover technologies that come into existence from the technological development, as already. authorized by the High Court of Justice in REsp 1,098,626 / RJ.

In this sense, the positive view of the rise of modernity must be in the line of verification of bureaucratic ease. It’s gone smart contracts or smart contracts charged in transaction via blockchain, it is believed that everything will be recorded in a secure and automated network. It will soon be able to count the patrimonial rights held by each party that constitute the immensity of the copyright and the related rights of the works treated on the network.

This will be the way to go firm on the question of the receipt of royalties: private autonomy walks independently of legislative advances, automating the fulfillment of contractual obligations in smart contract. With each access to the show, the property compensation of each character holding the rights is received. With each event accessed, financial credits are automatically and duly paid. With each game, the rights are distributed.

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