To register Intellectual Property protection for virtual idols
Hatsune Miku, Polar, and Lil Miquela have achieved considerable popularity with sold-out concerts and chart-topping singles. However, the unique aspect they share is that none of them are real; they are virtual celebrities. The emergence of these digital personalities poses significant challenges related to intellectual property (IP), from revenue loss to misuse.
Hatsune Miku, a prominent Japanese pop idol with over 900,000 Facebook fans, has sold out concerts worldwide. Polar, an English pop star, gained massive popularity on TikTok and YouTube with her hit song “Thinking About You.” Lil Miquela, a singer, model, and influencer, boasts 2.7 million Instagram followers as of October 2023, collaborating with Samsung in 2018.
These virtual celebrities, existing in the digital world, are subject to the same IP laws as real-life counterparts. Despite their immense fanbases, Hatsune Miku, Polar, and Lil Miquela are entirely artificial. Created using CGI technology and AI, virtual celebrities exhibit human-like attributes, from appearance to movements. Human actors contribute to their realistic motions through motion capture.
These virtual influencers, often serving as brand ambassadors, spokespersons, or endorsers, have garnered partnerships with major companies like Samsung, Renault, Dior, L’Oréal, Balenciaga, Calvin Klein, and Prada. Asia, particularly Japan and China, has seen the rise of various virtual influencers like Imma, Zinn, Ayayi, Luo Tianyi, Apoki, Eternity, Bangkok Naughty Boo, and Bernila.
As the influencer marketing industry flourishes, especially in Asia where Generation Z dominates digital platforms, intellectual property challenges emerge. Gautam K.M., a partner at Krishnamurthy & Co. (K Law) in Mumbai, notes the difficulties IP owners face in adapting strategies to new platforms, combating rampant content copying, and protecting trademarks. Challenges include trademark squatting, lack of attribution, loss of revenue, misuse or alteration of IP, unwanted associations, unauthorized endorsements, and inconsistent messaging.
Digital influencers may unintentionally or intentionally misrepresent brands, leading to misinformation. Moreover, the misuse or alteration of copyrighted content can harm the reputation of the original IP owner. Virtual influencers using a brand’s logo without authorization may cause confusion among consumers. In this evolving landscape, uncertainties in the realm of copyright further complicate the IP challenges posed by CGI influencers and virtual influencer marketing.
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– You could visit here to see Procedure of Trademark in Japan.
– You could visit here to check the Required documents of filing trademark in Japan.
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