ABSTRACT
Here I define ‘virtual property’ as including fixed intellectual property rights protectable virtual works saved on remote servers which are made available for display purposes; as opposed to, for example, downloadable copies distributed in electronic, digital, or other non-material forms albeit possessed in, or on, a user or creator controlled device.
Virtual intellectual property rights include exclusive economic rights to copyrighted works made available online and related display rights, works of visual art, streamed performances, machinima (audiovisual works) and musical compositions made or made available online, proprietary information and trade secrets made or made available online (including software code and schematics), and personality (likeness, name, and characteristics) as well as personality information (name, image and likeness arranged in personality data or related content).
Ideally, virtual intellectual property laws represent an opportunity for practical protection of individuals concerning the creation of virtual works and making such works available online, such as a right to be heard in termination of internet services or online service provider (OSP) account services, impartial online copyright dispute resolution mechanisms, and access rights of individuals to their virtual content.
Franklin, Tamiko Rochelle, Virtual Property: Virtual Goods, Virtual Works, and Virtual Intellectual Property Rights (February 2, 2024).
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