A Study on "the Performance" of Copyright Law in Virtual Reality Centered on the Metaverse

<p>This paper aims to clarify the legal protections for performances via avatars.</p><p>Under the Copyright Act of Japan, the rights of performers are subject to protection for "the performance" (Articles 90-2 to 92-2). In this case, there is an issue as to whether a "performance" (Article 2(1)(ii)), or an act equivalent to a performance on the Metaverse (hereinafter referred to as "MV") constitutes "the performance."</p><p>As a result of examining that issue, there is a conflict between the quasi-creative act protection theory and the transmission act protection (investment act protection) theory regarding the purpose of the performer protection system.</p><p>In modern times, the cost of transmission has fallen, so the expression of individuality in performances should be protected, and the theory of protection of quasi-creative acts was shown to be appropriate.</p><p>Next, as a result of examining the conditions under which the avatar performance on the MV can be evaluated as a performance by a real performer, we concluded that the following two points should be considered.</p><p>(1) As a criterion for being able to say that it is "the performance" even in the MV, it is judged from the viewpoint of whether the performer's individuality is expressed in the expression. It should be considered a performance.</p><p>(2) When an avatar performs a performance on a MV, in order for it to be said that “that performance” is covered by the rights of the performer, it must be a mechanical reproduction, and the individuality of the original performance must be considered from the performance performed by the avatar. to be able to perceive the expression of the art, and to be able to perceive its identity based on a person skilled in the art (a person with ordinary knowledge in realm of art.</p>