[Event Report] CPS Center: CPS Study Group Intellectual Property Law Lecture "Reconsidering the Right of Publicity Through Virtual Humans Active in Virtual Space: A New Horizon in the Debate on Property Rights/Personality Rights" (Title changed from "Publicity and Identity in Virtual Space: Focusing on Virtual Influencers") (Held on June 15, 2023)

July 14, 2023

On June 15, 2023, we welcomed Professor Hyung Doo NAM, a leading expert in copyright law and entertainment law in South Korea, and held a lecture titled "Reconsidering the Right of Publicity Through Virtual Humans Active in Virtual Space: A New Horizon in the Debate on Property Rights/Personality Rights." (The title was changed from the one announced previously).

A total of 59 people participated, both in the Distance Learning Room on the B4 floor of the South Building and online. In addition to faculty, staff, and students from our university, there were also participants from outside the university, including lawyers. A Q&A session, including online participants, was held after the lecture. (Due to the speaker's connections, there were also online participants from South Korea).

Lecture: Dr. Hyung Doo NAM

Professor, Yonsei Law School

Guest Professor (Global), Graduate School of Law, Keio University

Moderator: Yuko Kimishima

Professor, Faculty of Law and Graduate School of Law, Keio University

Director, CPS Center

(Lecture Content)

1. Legal Issues Surrounding Virtual Humans in Virtual Space

1.1 Phenomena

1.2 Right of Publicity

1.3 Act against Unjustifiable Premiums and Misleading Representations (Japan)

2. The Stalemate in the Right of Publicity Debate in South Korea and Discussions on Legislation

2.1 The Tediously Progressing Debate on the Right of Publicity

2.2 Discussions on Legislation

2.3 Criticism of the Amended Unfair Competition Prevention Act

3. The Changing Concept of Legal "Space" and the Role of the Right of Publicity

4. Conclusion

4.1 Similarities Between the Legal Systems of Japan and South Korea

4.2 Enclosure of Virtual Space and the Role of the Right of Publicity

(Summary)

In recent years, virtual humans and virtual influencers active in virtual space have emerged and are being used in commercial advertising. These virtual humans can be distinguished into two types: "created virtual humans," which are entirely fictional, and "imitation virtual humans," which are modeled after real people.

Based on cases in Japan and South Korea, the lecture explained views on infringements related to created virtual humans, such as copyright infringement, infringement of the right of adaptation (in Japan), and infringement of the right of publicity. These infringements include use through reproduction, the creation of derivative works, and the unauthorized use of only their physical characteristics and identity.

The lecture also explained the history of the right of publicity debate and judicial precedents in South Korea. Citing cases such as the transfer and inheritance of the right of publicity, the speaker advocated for its legislation. However, the right of publicity is not intended to suppress freedom of expression; rather, it is necessary to distinguish between cases protected by this right and those that are not. The goal is to establish a stable business environment by ensuring legal stability.

Traditional laws have developed on the premise of physical space, while intellectual property law protects intangible objects like inventions and creations. Virtual worlds, such as "augmented reality" and "virtual reality," which lie between these realms, possess characteristics of both. The speaker noted that the application of existing real rights and property rights to infringing acts like misappropriation and attacks in virtual space has its limits, and suggested that an approach based on intellectual property law and the right of publicity could be a key to solving these problems.

Held at the Mita Campus on June 15, 2023

*Affiliations and titles are as of the time of the event.