Episode 33

In Episode 27, we explained the distinction between copyright law and design law regarding the protection of images in virtual space (metaverse).
This time, we will examine the possibility of copyright protection for avatars.
Regarding the definition of "avatar," Wikipedia states, "An avatar is a character image used primarily for communication purposes as a 'alter ego' of a user on a computer network."
Based on this definition, the Supreme Court ruling on copyright infringement (Supreme Court Judgment No. 1443 (O) of 1992, July 17, 1997, First Petty Bench, Minshu Vol. 51, No. 6, p. 2714) stated that "a copyrighted work under the Copyright Act is defined as 'a creative expression of thoughts or feelings' (Article 2, Paragraph 1, Item 1 of the same Act). In a serialized manga in a self-contained-episode format in which characters with certain names, appearances, roles, etc., are repeatedly depicted, each manga in which such characters are depicted constitutes a copyrighted work. It is not possible to consider the so-called characters of these characters as copyrighted works, separate from the specific manga. This is because what is called a character is an abstract concept, perhaps best described as the personality of a character, sublimated from the concrete expression of the manga. It is not the concrete expression itself, and therefore cannot be considered a creative expression of thoughts or feelings. Consequently, in a serialized manga in a self-contained-episode format, copyright infringement can occur for each completed manga, and in order to determine whether copyright infringement has occurred, it is necessary to consider which manga in the serialized manga is relevant."
Based on this line of thinking, even with avatars, copyright law protects only the individual images or videos represented in the virtual space; characters that are separate from concrete representations of people are not subject to protection.