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IP Licensing and the Metaverse: Practical Considerations and Key Provisions for Agreements

Implications for the Physical World and Mitigating Risks in the Metaverse

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Tuesday, September 12, 2023

Recorded event now available

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This CLE webinar will guide counsel on licensing IP and the metaverse. The panel will discuss the practical considerations and critical provisions of licensing agreements for the physical world and metaverse contracts. The panel will also examine metaverse implications for physical world contracts and mitigating risks with licensing.

Description

The metaverse is shared interactive and collaborative virtual 3D worlds. People can work and play in the metaverse. For example, a person can work, attending virtual meetings. They can participate in live events, such as concerts, and purchase merchandise with cryptocurrency. After buying the merchandise, they can wear or use it and then lend it to a friend in the metaverse. This example requires assets to be compatible and transferable in the metaverse.

Licenses are typically granted based on territory, whether regional, national, or global. Does a global license include the metaverse? Do carveouts need to be created to fit the metaverse? Or, are separate licenses required? Licenses are also often limited to a particular service, device, or use. Because of the nature of the metaverse, licensees need to have more flexibility to facilitate development and interaction. A licensee will need the grant of rights to be broad enough to adapt to the evolving environment of the metaverse without repeatedly needing to amend the license.

Licensing includes a certain level of unavoidable risk in both the physical world and the metaverse, but licensors can anticipate and evaluate the risks and reduce the likelihood of problems.

Listen as our authoritative panel of IP attorneys examines licensing IP and the metaverse. The panel will discuss the practical considerations and key provisions of the licensing agreement for the physical world and the metaverse contracts. The panel will address the rights granted, territory, usage tracking, and compensation, among other issues. The panel will also examine metaverse implications for physical world contracts and mitigating risks with licensing.

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Outline

  1. What is the metaverse
  2. Practical considerations of the licensing agreement
    1. Physical world contracts
    2. Metaverse contracts
  3. License vs. ownership
  4. Establishing virtual rights
  5. Key provisions
    1. Rights granted
    2. Territory
    3. Usage tracking
    4. Compensation
    5. Infringement
  6. Implications of the metaverse on existing physical world contracts
  7. Mitigating the risk associated with licensing in the metaverse
  8. Enforcement and quality control
  9. User generated content
  10. Fair use

Benefits

The panel will review these and other key issues:

  • What is the key consideration when licensing IP in the metaverse?
  • What implications could licensing agreements in the metaverse have for physical world contracts and brands?
  • What steps can counsel take to mitigate the risks of licensing IP in the metaverse?

Faculty

Emmi, Peter A
Peter A. Emmi

Partner
Reed Smith

Mr. Emmi is a partner and leader in the Technology Transactions practice within Reed Smith’s Global Corporate...  |  Read More

Kershner, Katrina
Katrina M. Kershner

Attorney
Reed Smith

Ms. Kershner works in trademark law, including prosecution, enforcement, and litigation, bringing a holistic...  |  Read More

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