Technological innovations are relentless in presenting challenges to legal professionals, and the topic of the moment that brings them to the forefront is metaberse. Among the series of debates that are emerging, one issue that directly affects the field of intellectual property is musical dispersal, in the face of performances and artistic events in this parallel world of technology.
With the echo of the Emizida concert Fortnite, the concern of the Brazilian legal universe with the possible complexities arising from this postmodernity is evident. The truth is that Brazil is taking slow steps in this progress Fortnite Since 2019, it has been promoting virtual shows for big names such as Travis Scott and Ariana Grande, with millions of audience hits. These presentations don’t stop at Fortnite, advancing to other gaming platforms like Wave, which was the introduction 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, as a result of the singer’s collaboration with the game. The company Garena announced a new event about the game Free Fire in collaboration with the singer, which will feature news, exclusive music and new challenges, with no date yet to be made available to the public.
In the face of these constant innovations, the legal world is beginning to reflect on the copyright and related rights of songs performed in the field of metaverse. When we talk about copyright and related rights, we include a number of characters, including the author himself (the creator of the work), the artist, the singers, the dancers, the actors, the voice actors, in short, all the performers involved. execution of the work.
It is no different what happens in the metaverse, where such characters are represented only through avatars, which as we normally understand them symbolize and represent a natural person with rights in reality. Therefore, the works of metabersso also have legal protection and deserve, considering that they also form creative human expressions, be they literary, artistic, scientific or technological.
An interesting point is to think about the progress of the characters involved in the music business in the metaverse, given that copyright and related rights have historically had many people involved in that protection. In the music experience of the verse, it seems that a new layer of protection is emerging from the complex division of copyright and related rights in the music industry. This layer is derived from the creative rights of designers and developers, which reflects the legal universe not only in metaverse, but also in the web 3.0 world in general, with the patrimonial and moral rights of these creators.
As is often the case in a capitalist reality, the main interests of this debate are, in short property rightsthat is, the rights of the character involved in copyright protection and related matters receive your beloved rights. In the United States, we have already advanced the debate on these rights and the payment of rights, the NMPA (National Association of Music Publishers) Filed a $ 200 million lawsuit alleging copyright infringement. In theory, a multiverse platform would reproduce works that required the collection of music performance rights, which was not the case here.
In order to avoid any controversy in this regard, even without proper regulation in the Brazilian legal system, this event is so characteristic of the famous disruptive technologies that it is important that these operations find specific contractual support. In this way, private autonomy will be able to protect the parties from the delays of legal delay, either through assignments, licenses or atypical contracts, consisting of clauses that may include technologies arising from technological development, as already. REsp 1.098.626 / RJ authorized by the High Court of Justice.
In this sense, the positive view of the rise of modernity must go in the direction of verifying bureaucratic ease. from smart contracts or through smart contracts implicated in transactions block chain, it is believed that everything will be registered in a secure and automated network. In this way, the patrimonial rights of each party, which make up the enormous copyright and associated rights of the works traded online, can be quickly counted.
This will be the way to go stop With regard to the adoption of regulations: the exclusion of private autonomy from legislative advances, the automation of the fulfillment of contractual obligations. smart contract. With each access to the show, the property compensation of each person entitled is received. With each event, financial credits are automatically and properly paid. With each play, royalties are distributed.