Civil Law Regime of Metaverse, Virtual and Augmented Reality Objects

In civil circulation, due to its digitalization, virtual objects that, unlike a real object of the surrounding world in its usual sense, have a digital form wihout a real shell, are widespread. The civil law regime of virtual objects is not defined in the current legislation. Meanwhile, in the context of the development of metaverse concepts, this problem and the search for ways to solve it is becoming increasingly urgent. Determining the legal regime of objects created by the user of the platform on which access to virtual reality is provided, augmented reality objects, as well as objects existing and created within the metaverse, where the user’s usual activities can be carried out, is ambiguous in scholarship and jurisprudence. This study was undertaken to determine the features of the civil law regime of objects created in virtual reality, augmented reality, and in the metaverse. It was concluded that the regimes of familiar civil law objects (property, results of intellectual activity, intangible benefits, services) can be extended to the objects under consideration. However, the material legal concept does not fully reflect the legal nature of the objects under study. Therefore, virtual objects that copy things of the physical world, in essence, can be recognized as other property rights. At the same time, the intellectual property rules can be applied to these objects only if they are created as a result of a person’s creative efforts.

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Publication Details

Journal
Actual Problems of Russian Law
Published
2024-11-06
DOI
https://doi.org/10.17803/1994-1471.2024.169.12.048-056
Citations
1
Primary Topic
Diverse Topics in Contemporary Research
Type
article
Field-Weighted Citation Impact
4.29
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article

Civil Law Regime of Metaverse, Virtual and Augmented Reality Objects

I. Z. Ayusheeva
1 citations
Actual Problems of Russian Law
Diverse Topics in Contemporary Research
4.29
article

Civil Law Regime of Metaverse, Virtual and Augmented Reality Objects

I. Z. Ayusheeva
article en
1 citations

Abstract

In civil circulation, due to its digitalization, virtual objects that, unlike a real object of the surrounding world in its usual sense, have a digital form wihout a real shell, are widespread. The civil law regime of virtual objects is not defined in the current legislation. Meanwhile, in the context of the development of metaverse concepts, this problem and the search for ways to solve it is becoming increasingly urgent. Determining the legal regime of objects created by the user of the platform on which access to virtual reality is provided, augmented reality objects, as well as objects existing and created within the metaverse, where the user’s usual activities can be carried out, is ambiguous in scholarship and jurisprudence. This study was undertaken to determine the features of the civil law regime of objects created in virtual reality, augmented reality, and in the metaverse. It was concluded that the regimes of familiar civil law objects (property, results of intellectual activity, intangible benefits, services) can be extended to the objects under consideration. However, the material legal concept does not fully reflect the legal nature of the objects under study. Therefore, virtual objects that copy things of the physical world, in essence, can be recognized as other property rights. At the same time, the intellectual property rules can be applied to these objects only if they are created as a result of a person’s creative efforts.

Actual Problems of Russian LawVol. 19(12)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 5%
Diverse Topics in Contemporary Research
4.29
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Civil Law Regime of Metaverse, Virtual and Augmented Reality Objects — I. Z. Ayusheeva · Actual Problems of Russian Law (2024) | TGRS Research Map | TGRS