Controversy of Copyright Application and the China Plan of Metaverse Products

Abstract

Abstract The controversy over copyright theory in the metaverse scenario mainly arises from the issue of copyrightability of metaverse products. Metaverse products have initially reached the standard of originality and formally conform to the dichotomy of thought and expression, however, the incompatibility of object types has led to controversy over its copyright theory. In addition, the three types of disputes and difficulties based on the “behavior” element: original acquisition and derivative acquisition, original products and derivative products, and public domain and private domain, are not just copyright disputes in the metaverse scene, but also a difficult problem that the copyright system cannot reconcile. In this regard, this article draws on overseas experience, introduces the theory of copyright expansion, and combines the needs of China’s judicial practice and China’s national conditions, trying to solve the copyright legal issues in the metaverse scenario one by one through the “source of communication” theory, behavior restriction theory and interest game theory, and propose China’s response to the problems caused by the generalization of digital technology from the three dimensions of originality standard identification, object classification, and rights restriction rules.