The avatar: a legal analysis of current virtual worlds and the coming of the metaverse

Abstract

This dissertation analyses the legal status of avatars in virtual worlds. In a legal context, virtual worlds (digital realm where people interact with each other and virtual objects), of which avatars (digital representations of users) are an intrinsic part, lead to the question of whether avatars are merely virtual items or legal subjects. To explore this evermore pressing question—given contemporary shifts towards the increasing virtualisation of real life and all its concomitants—one needs to elaborate on the legal characteristics of avatars, including their creation methods, conflicts surrounding ownership and assignment, and the concept of avatar rights holders, among other. One should also consider, as this dissertation also does, whether avatars can qualify as intellectual works the ownership of which is reminiscent of a sovereign-subject relationship such as that to be found in a feudal system. The technicalities embedded in the legal framework girdling avatars in virtual, be they end-user licence agreements (EULAs) and other such legal realities, need to be considered, too, so as to attempt to better understand whether avatars can indeed enter into contracts in virtual worlds. In such a context, the disputed personality of the avatar must also be discussed, as well as the resulting extra-patrimonial rights for both avatars and their users. This dissertation, which sets out to cover all the ground delineated above, aims to provide further insights into the evolving legal status of avatars in virtual worlds, as well as the future emergence—and relevance—of the metaverse in all this. In seeking to better comprehend these unfolding realities, the dissertation tries to offer a comprehensive analysis of the legal issues surrounding avatars, including their potential as legal subjects and their present and future implications for future communities.