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Currently, virtual fashion is experiencing remarkable development. In the future, various companies are expected to enter this field, but they may face different legal challenges than ever before.
This time, we interviewed Masaya Seki, a lawyer specializing in media content and fashion law, about the basics of legal regulations related to fashion design in the virtual world, potential legal challenges that may arise, and the mindset that people in the fashion industry should have when entering the virtual space.
Japanese lawyer and New York State attorney. He handles legal affairs centered on intellectual property, contracts, dispute resolution, and legality checks for new businesses in fields related to technology, including manga, anime, movies, games, music, fashion, XR (VR/AR/MR), VTubers, NFTs, eSports, and AI. He is a visiting lecturer at Tokai University Comprehensive Social Sciences Research Institute, a part-time lecturer at Tokyo Institute of Technology, and a part-time lecturer at Japan Women's University. Chairman of the Fashion Law Research Department, Fashion Business Society. Chairman of the Social Issues Working Group at the XR Consortium. Certified VR technician recognized by the Virtual Reality Society of Japan. Co-author of the book "ファッションロー" (Keiso Shobo), and numerous writings and lectures on fashion, content, and virtual reality, among other topics.
Physical & Virtual Laws Are Completely Different
First, how does fashion law in the virtual world differ from traditional fashion law?
To discuss this in detail, let's start with a rough idea. The intellectual property laws that protect physical fashion design and virtual fashion design are different. It's best to use different approaches depending on the situation.
The types of rights that play a central role differ between practical industrial products like clothing and content created to be visually enjoyed. Roughly speaking, the former is mainly protected by design rights, while the latter is mainly protected by copyrights. Although not an exact division that applies to all cases, this rough understanding can be useful when contemplating virtual fashion. Please refer to the image below for a rough visual.
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