Technological innovations are tireless in presenting challenges to legal practitioners, and the subject of the moment is a subject that brings excellent reflection. Among the various debates, the subject that has a direct impact on the realm of intellectual property is the spread of music in front of exhibitions and artistic programs in this parallel world of technology.
With the result of the concert of Emicida in Fortnite, The concern of the Brazilian legal world is clear, with the potential complications arising from this post-modernity. In fact, given the fact that Brazil is taking slow steps toward this advance, Fortnite Since 2019, Travis has been promoting virtual shows with big names like Scott and Ariana Grande, which have garnered huge audience success with millions. Such performances do not stop at Fortnite, as pop singer Justin Bieber’s performances in 2021 progress to other gaming platforms, such as the featured Wave.
Recently, on May 5, 2022, we were announced to create an incarnation of Anita in the game. Free fire, Due to the singer’s collaboration with the game. Garena Company announces new game themed event Free fire With the singer’s collaboration, which will feature news, unique music and new challenges, no date has yet been set for availability to the public.
Faced with these constant innovations, the legal world begins to think about the copyright and related rights of songs presented within the scope of Metavers. When we talk about copyright and related rights, we have many characters involved, such as the author himself (the creator of the work), the artist, be it singer, dancer, actor, voice artist, in short, all the actors are involved. Work execution.
What happens in Metavers is no different, the characters are represented only by incarnations, which in reality symbolize and represent the possessive physical person as we commonly understand. Therefore, the works in Metavers also have legal protection and they deserve it, as they also make creative human expression of literary, artistic, scientific or technical features.
An interesting point is to consider the progress of the characters involved in the music business in Metavers, noting that the protection of copyright and related rights historically involves a large number of people. In the music experience of Metavers, a new protective layer seems to be emerging from the already complex cuts of copyright and related rights in the music industry. This level is derived from the creative rights of designers and developers, so that the legal world reflects the patriotic and ethical rights of these creators not only in Metavers but also in the Web 3.0 world.
As is usually the case with capitalist reality, the greatest interest in this discussion is, in short, Property rightsThat is, the rights of the characters involved in the copyright and related protections Receive your beloved royalties. In the United States, we have already made progress in negotiating these rights and royalties, the NMPA (National Music Publishers Association) File a lawsuit alleging US $ 200 million for copyright infringement. In theory, the Multiverse Platform would have reproduced works that required the collection of royalties for musical performance, which did not happen in this case.
In order to avoid any discussion in this regard, even without proper regulation in the Brazilian legal system, the characteristic fact of the renowned disruptive technology, such operations are the basis of a detailed agreement. In this way, private autonomy will be able to protect the parties from the failure of legislative delays, either by assignment, license or extension of atypical agreement, consisting of clauses incorporating existing technology from technological development, as before. Authorized by the Superior Court of Justice in REsp 1,098,626 / RJ.
In this sense, the emergence of modernity should have a positive outlook on the verification of bureaucratic convenience. Starting from Smart deal Or smart contracts are applied in transactions by Blockchain, It is assumed that everything will be registered in a secure and automated network. In this way, it will be possible to quickly calculate the patriarchal rights of each party, which constitutes the copyright of the works transacted on the network and the extent of the respective rights.
That would be the way Wait On the question of receipt of royalties: Private autonomy independent of legal progress, automation of fulfillment of contractual obligations Smart deal. With each entry into the show, each of the entitled characters receives a patriotic compensation. Upon entering each event, financial credits are awarded automatically and properly. Royalties are shared with each play.