Perspective | Research on Copyright Behind Virtual Idols (Part 1)

Virtual idols, a product of the interaction and integration between the digital world and the real world, have gradually become an indispensable part of the entertainment industry. Through advanced technologies such as computer graphics, graphic rendering, motion capture, deep learning, and voice synthesis, virtual idols possess multiple human characteristics, such as realistic appearances, vivid performance abilities, and natural interaction methods, allowing them to shine in various fields such as short videos, live broadcasts, and concerts, with their influence and commercial value continuously rising.

The rise of virtual idols is particularly noteworthy. For example, in 2020, Bilibili successfully held China's first offline virtual idol concert "BML-VR," where all the performers were virtual singers and virtual streamers. This innovative attempt not only showcased the unique charm of virtual idols but also marked the further development of virtual idol culture in China. Coincidentally, in 2021, the hyper-realistic digital person "AYAYI" appeared as the digital host for Tmall Super Brand Day and collaborated with Anmuxi to launch the world's first digital yogurt. This cross-border collaboration not only broadened the application scenarios of virtual idols but also fully demonstrated their enormous commercial potential. By 2022, the original virtual idol "Jiyuanmei" from Jihua Studio collaborated with iFlytek Input Method to jointly launch the first metaverse virtual idol super skin, which undoubtedly injected new vitality into the development of virtual idols.

The rise of virtual idols is not only a product of technological advancement but also a reflection of social and cultural development. In the context of a simulacrum society, the boundaries between the real and the virtual are gradually blurring, and the production logic of idols is undergoing profound changes. Traditional real idols are gradually giving way to virtual idols, which, with their mediated virtual bodies, intelligent virtual personalities, and extended genre boundaries, have become important objects for fans to realize their imagination of the "other" and construct their "self." At the same time, virtual idols also provide fans with a technological body for virtual socializing, with their fan circles continuously evolving and extending, gradually moving from niche culture into the mainstream cultural spotlight.

With the rapid development of virtual idols, the copyright issues they face are becoming increasingly prominent. Due to the enormous commercial value embedded in virtual idols, there is a risk of copyright infringement. To protect the copyright of virtual idols, we need to reasonably allocate the rights and interests among the various stakeholders of virtual idol copyright based on a full assessment of the interests of all parties. At the same time, we can extract beneficial parts from the existing laws of countries with "author rights systems" and "property rights systems," and combine them with relevant provisions of China's copyright law to construct a protective path of "subject distinction model" to achieve a good combination of "global perspective" and "Chinese position."

The rise of virtual idols is a joint result of technological advancement and social cultural development. With their unique charm and enormous commercial value, they are occupying an increasingly important position in the entertainment industry. As virtual idols rapidly develop, we also need to pay attention to the copyright issues they face and take corresponding measures to protect them, ensuring the healthy and sustainable development of the virtual idol industry.

With the widespread application of virtual idols in the entertainment industry, the copyright issues behind them are gradually highlighting their importance. Virtual idols, as creations that integrate elements of sound, image, and technology, inevitably relate to copyright law in all aspects of their creation, development, and operation. The copyright issues involved in these aspects not only directly relate to the rights and interests of virtual idol creators but also have far-reaching impacts on the healthy development of the entire virtual idol industry.

In the creation process of virtual idols, copyright issues mainly manifest in the protection of original content. The design of virtual idol images, motion capture, voice synthesis, and other aspects require a significant amount of creativity and technical input, which are the crystallization of the creators' wisdom. If these original contents are copied, disseminated, or used by others without authorization, it not only harms the legitimate rights and interests of the creators but also dampens the innovation enthusiasm of the entire industry. Therefore, protecting copyright in the creation process of virtual idols is an important guarantee for maintaining the industry's innovative momentum.

In the development and operation stages of virtual idols, copyright issues are equally important. The development of virtual idols involves multiple technical fields such as software programming and data processing, and these technical achievements are also protected by copyright law. During the operation of virtual idols, activities such as online live broadcasts, offline performances, and commercial collaborations must also comply with relevant copyright regulations to ensure the legal distribution of interests among all parties. If copyright disputes arise during this process, it not only affects the commercial value of virtual idols but may also negatively impact the reputation of the entire industry.

The copyright issues behind virtual idols also involve the complexity of cross-border collaborations. As the application scenarios of virtual idols continue to expand, cross-border collaborations with fields such as games, movies, and web dramas are increasing, making copyright issues more complex. In these cross-border collaborations, how to clarify the rights and interests of all parties, reasonably distribute benefits, and ensure smooth cooperation all need to rely on a sound copyright legal system and industry norms for protection.

The copyright issues behind virtual idols not only relate to the protection of creators' rights and interests but also to the sustainable and healthy development of the entire industry. Therefore, strengthening research on virtual idol copyright issues, improving relevant laws and regulations and industry norms, and raising copyright awareness among practitioners are all urgent issues that need to be addressed. Only in this way can we ensure that the virtual idol industry steadily advances on the path of the rule of law, injecting more innovative vitality and commercial value into the entertainment industry.

Research on the copyright of virtual idols is continuously deepening. With the continuous advancement of technology and the rapid development of the virtual idol industry, copyright issues have become one of the hot topics in this field. Many scholars have conducted in-depth discussions and analyses of the copyright issues of virtual idols from various perspectives.

Regarding the subjects and objects of virtual idol copyright, scholars mainly focus on the rights and interests relationships among the creators, operators, and users of virtual idols. As a comprehensive product created by integrating various technical means, the copyright ownership of virtual idols is relatively complex. Some scholars believe that the copyright of virtual idols should belong to their creators, namely those individuals or teams that create virtual images using technical means. Other studies argue that the commercial value and new works generated during the operation of virtual idols may belong to the operators or users.

In terms of obtaining and exercising copyright, scholars mainly discuss issues such as the registration, licensing, and transfer of virtual idol copyrights. Due to the uniqueness of virtual idols, the methods of obtaining and exercising their copyrights differ from traditional works. For example, the copyright of virtual idols may need to be confirmed through specific registration procedures, and in the processes of licensing and transfer, the technical characteristics and commercial value of virtual idols also need to be considered.

The infringement of copyright related to virtual idols and the legal responsibilities involved are also a focus of scholars' attention. With the continuous development of the virtual idol industry, copyright infringement has emerged in various forms. Some criminals infringe on the copyrights of virtual idols through means such as theft and plagiarism, causing serious losses to creators and operators. Therefore, strengthening the protection of virtual idol copyrights, combating infringement, and safeguarding the legitimate rights and interests of creators and operators is particularly important.

Based on previous research findings, this article employs methods such as literature analysis and case studies to conduct a comprehensive and in-depth study of the copyright issues behind virtual idols. By sorting through relevant literature, analyzing the current status and existing problems of virtual idol copyrights, and discussing actual cases, the aim is to provide useful references for solving virtual idol copyright issues. At the same time, this article will also focus on the practical situation of virtual idol copyright protection, exploring how to improve relevant legal provisions, strengthen copyright protection efforts, and promote the healthy development of the virtual idol industry.
 

The subjects of copyright for virtual idols encompass multiple aspects, including creators, investors, and operators. These subjects play important roles in the creation, development, and operation of virtual idols, and enjoy corresponding copyrights or related rights.

Creators, as the original creative force behind virtual idols, usually refer to individuals or teams that design and shape the image of virtual idols. They use professional skills and creativity, employing techniques such as computer graphics and motion capture to create unique virtual idol images. Since creators directly participate in the creation process of virtual idols, they hold the original copyright of the virtual idol images and have the right to use, modify, and protect them, as well as enjoy the economic benefits and reputation enhancement that come from it.

Investors provide necessary financial support during the development and operation of virtual idols. They may be individual investors, venture capital institutions, or other forms of capital entities. The involvement of investors allows for the smooth production of virtual idols, the updating and iteration of technology, and effective market promotion. Through contractual agreements, investors may acquire copyrights or related rights to virtual idols, such as usage rights and revenue rights. The acquisition of these rights is a return on the investment made by investors in the virtual idol industry and is an important motivation for their continued attention and support for the development of the virtual idol industry.

Operators are responsible for the daily operation and promotion of virtual idols. They are usually a professional team with rich marketing experience and resource integration capabilities. The work of operators includes but is not limited to formulating development plans for virtual idols, planning and executing online and offline activities, and managing and maintaining the social media accounts of virtual idols. To effectively carry out these tasks, operators typically need to obtain authorization from creators or investors to legally operate and promote virtual idols. This authorization relationship not only protects the rights and interests of creators and investors but also ensures that virtual idols can achieve better development under the operation of a professional team.

The subjects of copyright for virtual idols exhibit a diversified characteristic, with clear rights division and cooperation mechanisms among the subjects jointly promoting the prosperous development of the virtual idol industry. In the future, with continuous technological advancements and ongoing market demand changes, the relationships among these subjects will become closer and more complex, requiring more comprehensive legal regulations and industry standards for guidance and regulation.

The copyright objects of virtual idol works encompass multiple aspects, which together constitute this unique cultural phenomenon. Virtual idol works not only integrate music, visuals, and technical elements but also showcase a high degree of innovation and artistry, resulting in various types of works, such as musical works, dance works, and audiovisual works. These works, protected under copyright law, become an important cornerstone for the development of the virtual idol industry.

The musical works of virtual idols are an important component of their copyright objects. These musical works typically include original songs, cover songs, and exclusive tracks tailored for virtual idols. These songs not only feature unique melodies and lyrics but also present a distinctive artistic style through the singing and performance of virtual idols. Under the protection of copyright law, the creators and performers of virtual idol music works enjoy corresponding rights, which helps to stimulate enthusiasm and motivation for music creation and promotes the prosperous development of virtual idol music works.

The dance works of virtual idols are also an important part of their copyright objects. These dance works are usually carefully choreographed and designed to combine the image characteristics and musical styles of virtual idols. Through the perfect combination of dance movements, rhythm, and expressions, virtual idols can showcase unique dance charm and artistic appeal. Under the protection of copyright law, the creators and performers of virtual idol dance works can receive due returns, which helps to promote innovation and development in dance creation and enhance the artistic value of virtual idol dance works.

The audiovisual works of virtual idols also constitute an important part of their copyright objects. These audiovisual works typically feature virtual idols as protagonists or important characters, attracting the attention and affection of audiences through storylines, character development, and visual effects. Under the protection of copyright law, the producers, screenwriters, directors, and actors of virtual idol audiovisual works enjoy corresponding rights, which helps to ensure the quality of creation and artistic effects of audiovisual works and promotes the diversified development of virtual idol audiovisual works.

In addition to the aforementioned types of works, the image of virtual idols themselves can also be protected as artistic works. The design of virtual idol images typically possesses unique artistic styles and aesthetic values, creating lifelike virtual characters through the clever use of lines, colors, and shapes. Under the protection of copyright law, the designers of virtual idol images enjoy corresponding rights, which helps to maintain the originality and uniqueness of image design and prevent infringement.

The copyright objects of virtual idol works encompass music works, dance works, audiovisual works, and image designs, among others. These works, protected under copyright law, provide strong guarantees for the healthy development of the virtual idol industry. At the same time, with continuous technological advancements and the expanding market, the types and forms of virtual idol works will continue to innovate and develop, bringing new challenges and opportunities to copyright law.

In the virtual idol industry, exploring the relationship between copyright subjects and objects is particularly important. The complexity of this relationship arises from the diversity and cross-border nature of the virtual idol industry, which involves multiple subjects, including creators, investors, and operators, each playing an indispensable role in the industry.

Creators, as the original shapers of virtual idol images, hold the initial copyright to these images. Their creativity and labor are the starting point of the entire industry chain, and therefore, their rights should be fully protected. In the process of industrial operation, creators often need to collaborate with investors and operators, which involves the distribution of rights and the clarification of responsibilities.

Investors, as providers of funds, play a crucial role in the development and operation of virtual idols. Through financial investment, they promote the creation and commercialization of virtual idols. In this process, investors may obtain copyright or related rights to the virtual idols based on contractual agreements. The distribution of these rights needs to be clearly stipulated in the contract to avoid future disputes.

Operators are responsible for the daily operation and promotion of virtual idols. They need to obtain authorization from creators or investors to legally operate the virtual idols. The role of operators is equally important in the entire industry chain, as their efforts directly affect the market performance and commercial value of virtual idols.

The creation, development, and operation of virtual idol works are all inseparable from the protection and support of copyright law. Musical works, dance works, film and television works, etc., are all objects of copyright protection for virtual idols. The creation and dissemination of these works require clear legal authorization and protection to ensure that the rights of all parties are not infringed.

Clarifying the relationship between copyright subjects and objects and its legal significance is important for maintaining the healthy development of the virtual idol industry. This not only helps protect the creative labor results of creators but also ensures that the legitimate rights and interests of investors and operators are safeguarded. At the same time, this also helps promote the standardized development of the virtual idol industry, enhancing the competitiveness and influence of the entire industry.

To achieve this goal, we need to strengthen the construction and improvement of laws and regulations, clarifying the rights and responsibilities of all parties involved. At the same time, we also need to enhance industry self-discipline, promote win-win cooperation among all parties, and jointly promote the prosperous development of the virtual idol industry. Only under the combined effect of laws and industry rules can we ensure the healthy and orderly development of the virtual idol industry.