A group of researchers from the United Kingdom have conducted a study to examine the effectiveness of current intellectual property (IP) laws in relation to emerging technologies like the metaverse. In their research report titled “IP and Metaverse,” which was commissioned by the U.K. government and published on March 7, the researchers explored the existing literature on IP laws and their applicability to the metaverse. They identified several limitations in the current laws and put forward their recommendations.
The study highlighted metaverse-specific IP issues, particularly in terms of IP governance in an interoperable environment and the regulation of technologies such as blockchain and artificial intelligence (AI) within virtual worlds.
One of the legal challenges associated with interoperability, according to the report, is the unauthorized dissemination of copyrighted work. The researchers emphasized that the lack of interoperability has played a crucial role in preventing the illegal distribution of copyrighted material. However, they pointed out that with interoperability being a key element of the metaverse, governing the use and circulation of copyrighted work could become challenging.
The report also discussed the challenges posed by the inherent characteristics of blockchain, such as immutability and tamper-proof nature, when it comes to enforcing IP laws. The researchers acknowledged that these characteristics make it difficult to ensure compliance with IP regulations.
Furthermore, the researchers raised concerns about the use of AI in governing IP within the potential metaverse. They argued that algorithmic management of infringements is highly susceptible to misuse due to the lack of human oversight to verify the legitimacy of enforcement.
In addition, the study highlighted the challenge of enforcing IP laws in relation to AI-generated content in the metaverse. It suggested that relying on AI tools could potentially invalidate claims of inventorship in content. The researchers provided examples and cases that demonstrated that only works partially assisted by AI can be protected by IP laws.
Considering the expected issues in IP governance within the metaverse, the researchers concluded that it is crucial to address a range of key issues. They emphasized the need for clarity in legal matters concerning copyrights, trademarks, patents, designs, user-generated content, virtual property, and nonfungible tokens (NFTs) within the metaverse. Consequently, the researchers proposed the development of IP approaches to tackle governance and enforcement challenges in the metaverse.
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