In 2022, the world-famous group ABBA announced that from 2022 to 2025, they would embark on a tour. However, this is not just a regular concert; it is a virtual show featuring digitized avatars of the band. To create their digital doubles, known as ‘ABBAtars,’ the band members wore motion capture suits for five weeks, during which 160 cameras captured their body movements and facial expressions. This cutting-edge technology allows the ABBAtars to transport concertgoers back in time, presenting the band as they appeared in the 1970s.
Following ABBA’s example, the rock band KISS sold its catalog, trademark, and intellectual property for over $300 million before taking a well-deserved break after their final concert. However, a new KISS performance is scheduled for 2027—not with the original band members but with their avatars. This raises questions about the legal framework surrounding intellectual property, especially considering the limited AI regulations currently in place.
The Legal Framework and Avatars
The creation and use of such avatars involve a complex bundle of intellectual property rights, including trademarks, designs, and copyrights. Although avatars appear realistic, they are fictional representations, much like characters in movies and video games. For instance, the Super Mario avatar from the popular video game is registered as a figurative trademark, the game’s graphics are registered as industrial designs, and the concept itself is protected by copyright. Under EU law, even characteristic movements can be registered as trademarks, such as the celebratory dances of footballers like Cristiano Ronaldo after scoring a goal. Similarly, the distinctive gestures of holograms, such as those of the ABBAtars, are legally safeguarded.
At present, intellectual property laws can protect avatars and holograms by drawing from various legal branches:
- Avatar creation technologies: These are subject to copyright and, depending on their novelty, inventive step, and industrial applicability, may also be patented or registered as utility models.
- Performer rights: The assignment of rights to performers follows copyright rules, similar to song recordings and albums. Imagine playing a gramophone record, but instead of just sound, an image is projected.
- Avatar and hologram appearance: The distinctive and original look of avatars can be protected under industrial design laws.
- Characteristic movements: Actions like dances, speech patterns, and signature looks can be registered as trademarks.
- Brand protection: The brand creating these avatars and holograms should be trademarked, particularly in Class 9 of the Nice Classification, which covers goods such as audiovisual equipment, scientific instruments, and information technology.
As technology continues to evolve, new challenges will inevitably arise, leaving open the possibility for future legal developments as we enter the era of Web 4.0. Remarkably, only three decades separate the use of landlines from the creation of holograms via smartphones—an incredibly brief time to establish a stable regulatory framework, especially given the rapid pace of technological progress.
Web Evolution and Intellectual Property
The 21st-century technological landscape is often described using the Web scale. This evolution underscores the increasing complexity of intellectual property regulation. Web 1.0 epitomizes the early days of the Internet, characterized by basic interfaces like Windows XP, telephones with antennas, and fax machines. Web 2.0, emerging with the rise of social networks like MySpace, Skype, and YouTube, marked a shift toward smart technologies and broader Internet accessibility. After its integration into daily life, we entered Web 3.0, which brought us massive databases, more complex requests, and an era where information is only a click away.
As we move toward Web 4.0, virtual reality becomes a dominant force, and there is a risk that technological advances may outpace their legal regulation.
Our thesis explores the current regulation of Web 4.0, and only time will tell whether it can immortalize beloved artists and breathe new life into legends from George Michael to Lili Ivanova.
Images: Flickr and MetalSucks
