If the arrival of streamingin the 2000s, brought endless possibilities and, even in Brazil, a new notion of the concept of public performance, the metaverse is also likely to motivate the emergence of new legal controversies about the use of music in this environment.
Before the use of virtual reality landed in Brazil, some video games, such as Fortnite, considered precursors of the metaverse, exemplified how music can be explored in this new universe. The game promotes, since 2019, shows virtual and exclusive from big names in music, such as Travis Scott, Lil Nas X y Ariana Grande, in which user avatars change position and move freely while watching concerts. The events became a success and since then each show has attracted between 10 and 33 million people.
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Musical experiences in the metaverse, however, are no longer exclusive to video games and have already been thought of by big names in the music industry, such as pop singer Justin Bieber, who made a interactive show in the Wave platform metaverse in 2021. On that occasion, the artist performed, for 30 minutes, through an avatar that replicated his look and characteristic gestures, the songs from his latest album “Justicia”.
At least as far as live concerts are concerned, the broadcast of music “in metaverses” is already a reality. However, as the metaverse is a virtual universe in which virtually all actions performed in the physical world can be replicated in it, it is inevitable that users will also routinely purchase, listen to and share music in this new environment.
In this sense, the collection of copyright and related rights of songs performed within the metaverse, either in real-time presentations or other forms of public execution or in individual reproductions via streamingconstitutes a great challenge for collection offices worldwide.
In the United States, not in vain, the discussion advanced to the point where the NMPA (National Music Publishers’ Association) filed an action for copyright infringement, amounting to 200 million dollars against Roblox, a famous multiverse platform , due to the absence of charging royalties for streaming music on the platform.
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It is evident, therefore, that such interactions alone have the power to cause ruptures in the way in which copyright and related rights are currently governed. Another change revealed is the gamification of the music experience, which adds a new layer to the already complex division of copyright, related rights, and musicians’ rights. This is because the music experience created in the metaverse is only possible thanks to the creation and improvement work that game developers do, which inevitably leads to the question what is the percentage of participation of these agents in this complex world of collecting and distributing music rights. This without mentioning the possible musical creations within the virtual environment from avatars and tools provided, precisely, by the developers of the metaverse.
Despite the incipient regulation of copyright that may exist with respect to the metaverse, the importance of drafting assignment and license agreements with provisions for these new technologies cannot be forgotten, even with the incorporation of a broader clause, which can cover technologies that come into existence from technological development (as already authorized by the Superior Court of Justice of Brazil Resp 1.098.626/RJ).
It is well known that the irruption of the metaverse brings numerous legal issues to the field of copyright, whether it be about the payment of royalties, the possible classification as public performance, the competent jurisdiction or other issues that will naturally arise over time. Even so, the experience gained in the face-to-face world is the best starting point to outline mechanisms for regulating the transmission of music in the metaverse.
*Peter Barroso (socio)Jana Fraccaroli (a lawyer) and Jose Humberto Deveza Assola (lawyer) of Intellectual Property of BMA Advogados.
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