Who Owns A Virtual Painting?
It is only a matter of time before an artist tackles this legal issue. According to today’s NY Times, the sale of virtual gifts, services and other fictitious commodities on the Internet has become a big business.
A “virtual good” is essentially a product or service that has perceived value to a user online but no tangible value in the outside world. It is as varied as imaginary flowers planted on a friend’s Facebook page and virtual lipstick smeared on a user’s character, or avatar. In online gaming, it might include virtual flaming swords for bit-to-byte combat.
Facebook reports selling $40 million worth of virtual goods and services last year, and expects that figure to rise to $500 million this year, while Tencent, a Chinese social network, reports first-quarter revenues nearing $366 million.
The Times article addresses the business issues raised by this new market, but practically leaves untouched the legal issues concerning the legal rights to virtual property. Who owns a box of chocolates bought online and delivered, in virtual reality, to another virtual entity, and lacking any physical existence in real time? What are the product liabilities, if any? Can an avatar even be injured by virtual goods? Can a recipient of virtual personal property resell the virtual good?
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