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Dissertation Outline

The dissertation will outline the Intellectual property issues, arising out of virtual world both between the users and also as a result of interactions of real world and virtual world dynamics. The focus will be on ownership of the user created virtual content with specific study on rights in an avatar, i.e. who the owner is, and further analyzing that person’s right with respect to the avatar or the avatar’s actions. Finally it will also examine the possibility of avatar being capable of exercising legal rights on its own and in need of legal protection.

1. Introduction
1.1. What are Virtual worlds
1.2. What kinds of Virtual worlds and games exist
1.3. Interface between Real world and Virtual world-social, economic and legal impact

2. Virtual Law
2.1. What is ‘Virtual law’
2.2. Legal issues arising out of Virtual world
2.2.1. IP law and Virtual world
2.2.2. Contract law and Virtual world
2.2.3. Property law and Virtual world

3. I.P. issues in Virtual World
3.1. Key areas in IP law – Trademark, Copyright and Patent
3.1.1. In world actionable infringement between users
3.1.2. Infringement of real world intellectual property in virtual world
3.2. I.P rights(Copyright) in User created content-‘Avatars’
3.3. Distinction between virtual Property and traditional intellectual property
3.4. Authorship/ownership of the Avatars(virtual content)
3.4.1. User/Participant/Licensor or platform provider??
3.4.2. EULA/ToS –using contracts to define legal rights and relationships between users in V.W
3.4.3. Validity and enforcement of EULA/ToS
3.5. Legal rights of virtual avatars themselves

This section will first give an overview of all the traditional intellectual property rights i.e. copyright, trademark and patent and their application in virtual world. It will consider two aspects. First, the legal issues that arise because of the interference of virtual world in real world such as unlicensed use of copyrighted works and registered trademark in virtual world. Second, the disputes which arise between the users in-game as there is potential for direct copying of products creating possibility of actionable infringement.
After briefly examining the widely misunderstood difference between virtual property rights and intellectual property rights in virtual creation, this section will further concentrate on the ownership of the virtual content created by the users with reference to the EULA and ToS, thus analyzing the validity of these licensing agreements which require players to waive their intellectual property rights as a condition of access to virtual space.
The present format for the protection of the rights of virtual avatars is based on determining who their owner is, and then analyzing that person’s rights with respect to the avatar or the avatar’s actions. In this model the rights protected are those of the owner, and not those of the avatar. However, as the virtual avatar gains in intelligence and creates works independent of human input, this analysis may be outdated suggesting that avatars may themselves need legal Protection. Thus, a brief study will be done on the question as to whether the rights of avatars could be something other than the rights of participants.

4. Conclusion-

Whether virtual community can provide its own internal regulatory mechanisms, or whether real world law will inevitably have to be adopted, modified and applied to virtual community.

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