가상세계에 대한 저작권법의 새로운 접근

A virtual world such as Second Life is a genre of online community that takes the form of a computer-based simulated environment, through which users create avatars and virtual products and interact strongly with one another. Many users in a virtual world are creators who create it together through mutual interaction. Also,they share the same views of open innovation and creativity, and wish to enjoy freedom of access to works, but at the same time want some form of protection against illegal copy. The entire world appears in visual expression, but is computer program. Articles of clothing and furniture are not protected under the copyright law because they are useful articles. Virtual clothing and furniture, however, may not possess any functional attribute, but the design of them incorporates artistic and nonfunctional aspects, which can be considered copyrightable. Second Life adopts a Creative Commons License (CCL) policy into its virtual world, and admits the users’ rights for virtual products created by them. This article emphasizes that the policy for licensing and ownership playes a significant role to enhance creative activities and promote relevant industries. The special features of virtual world provide good opportunities for reconsidering a new paradigm of copyright law. CCL enables the free, and legal copying, and remixing of virtual content, as long as attribution is given to original creators. This article also examines a copyright issue on 3D mirror world based on real street and cities. It is an issue whether a consent from the copyright owners for architecture in real world, should be obtained when you wish to design a virtual mirror world. A duplication for a real building in 3D computer graphic, which is a part of the virtual streets may not raise copyright infringement under current copyright law.