One of the most common concerns VTubers have is what intellectual property rights and protections they need to be aware of.
We previously wrote briefly about intellectual property rights in VTuber avatars in our “VTubers: Avatars, Anonymity, and Agencies” blog post and about ownership over avatars in Corpo VTuber and Agency relationship in our “Legal Relationships and Agreements for Corporate VTubers” blog post. However, the range of intellectual property issues from VTubers is extremely broad and it’s easy to get confused about what rights a VTuber possesses, what agreements a VTuber needs, and what concerns a VTuber should have about their content.
So in this blog post we will explain intellectual property in the context of VTubers and talk about how it impacts a VTuber in areas such as Avatar creation, branding, content creation and more.
The Avatar
Creating a VTuber avatar typically involves hiring an artist, modeler, rigger or all of the above with the technical and artistic skills to bring the design to life. Under U.S. copyright law, however, the default owner of a work is its creator of a work – not the person who paid for it – unless there’s a written agreement stating otherwise. This is true even if the work is a contribution to a larger work.
That means if there’s no contract, the artist may retain ownership of the avatar and could legally prohibit the VTuber from using it in the future. VTubers should ensure that they have a written agreement that clearly assigns all necessary rights to them. Without such a transfer, the artist may retain the ability to create merchandise, variations, or other derivative works based on their work on the avatar.
Content
Once the VTuber has their avatar, they can create content for YouTube videos, Twitch livestreams, fan songs, and more.
At this stage, two main copyright concerns arise:
- Infringement by others: People may copy the VTuber’s work by reposting content or selling unauthorized merchandise.
- Infringement claims: Others may claim the VTuber is infringing on their work.
These issues often begin with either a DMCA takedown notice or a cease-and-desist letter.
- A DMCA takedown is a formal request under the Digital Millennium Copyright Act to remove allegedly infringing content from a platform.
- A cease-and-desist letter threatens legal action unless the recipient voluntarily removes the content.
If a DMCA takedown is filed, the uploader may respond with a counter-notice if they believe the content does not infringe copyright. Consultation with an attorney is critical at this stage, as false DMCA filings or counterclaims can lead to legal liability including financial and even criminal penalties.
If a counter-notice is filed or a cease-and-desist letter is ignored, the only recourse left is for the claimant to sue.
Copyright registration is required to bring a lawsuit in court. While registration can occur after the work is created or infringement is discovered – registration before or within three months of publication or before an infringement occurs allows the copyright owner to recover statutory damages and potentially attorney’s fees.
The Name and Brand
Beyond their content, many VTubers want to protect their name and brand identity. This can include:
- The VTuber’s stage name
- Nicknames or names of mascots/familiars
- Catchphrases or slogans
- Company or agency names
- Logos and visual identifiers
These are protected under trademark law. By registering a name, phrase, or logo in a specific class of goods/services, a VTuber can stop others from using something confusingly similar in the same category – regardless of whether the use was intentional.
For example, the VTuber Calliope Mori might register the name “Calliope Mori” and the fan name “Deadbeats.” If she registers “Deadbeats” in Class 25 (clothing), she can prevent others from selling shirts or hats under that name – even if they weren’t trying to copy her.
Trademark registrations also enable additional enforcement options, such as domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP).
Unlike copyright, trademark protection requires registration and ongoing maintenance with the U.S. Patent and Trademark Office.
VTuber Agencies
What about a corporate VTuber who starts out in or later joins a VTuber agency? Who owns the avatar, content, and trademarks?
The answer depends on the specific terms of the agency agreement. The agency and the VTuber may have to determine ownership of the following on a case-by-case basis:
- The avatar design and model
- The content created under the agency’s brand
- The VTuber’s name and associated marks
It may be that the VTuber owns the Avatar but the agency owns any content such as music videos that it produces for the Avatar. Some agencies are now offering hybrid models, where the agency initially owns the avatar, but full rights transfer to the VTuber after a certain number of years or revenue milestones (e.g., repaying the cost of production).
Some agencies are now offering hybrid models, where the agency assists in creation of the avatar, initially owns the avatar, but full rights transfer to the VTuber after a certain number of years or revenue milestones (e.g., repaying the cost of production).
Conclusion
VTubers are creators, characters, and brands all rolled into one. Understanding the basics of intellectual property law is essential for protecting one’s avatar, content, and identity. Whether a VTuber is indie or corporate, the right agreements and registrations are essential.
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