Much in the same way that intellectual property rights protect actual goods and physical copies, we propose that virtual intellectual property and related rights are born from individual author and user rights in certain data or files embodying trademark, design or copyright law protected and protectable works (virtual works) hosted on remote servers. For example, intellectual property protected upload, or master, copies saved on remote servers of online service providers. Or remotely hosted author hard drive transmissions of content via stream using the same, including downloadable or sharable file offers and application software enabled perceptible displays or performances.
Let’s consider these examples of virtual works, namely intellectual property rights protected uploads or protectable master copies fixed then saved on remote servers of online service providers. That leads us to conclude, that virtual intellectual property rights attach to such content because the content is a non-actualized work or good. It is not downloadable to user hardware as anything other than an image file and is in its fixed but virtual form, always subject to service provider deletion or account termination. As a result, VIPO volunteers its research and drafts comments supporting user generated content and profile rights in the on going discussion shaping copyright reform and internet regulation, as we believe that in the coming century, the nature of these rights, as intellectual property rights did for authors and inventors at the turn of the last century, because user content rights is a human rights issue and has human rights implications.
According to the Federal Communications Commission in a 2014 Notice of Proposed Rulemaking, ‘[A]merican businesses have become even more dependent on the internet. For example, according to the Pew Research Project, as of January 2014, 87% of Americans used the Internet, compared to 14 percent in 1995… “Whole new product markets have blossomed in recent years, and the market for applications has both diversified and exploded. A total of $8.33 billion has been raised since 2007 on mobile media ventures, a majority of the funds (4.7) billion to companies that provide software services, including mobile Web development, carrier backend software, app development, and cloud based services in the United States.
With the advent of the massively multiplayer online role playing games and the evolution of virtual currencies, user generated content, social networking environments and new media sites devoted to online trading in such content, everything exists which is necessary for a purely virtual based economy to grow.
Critically absent in this area of remarkable development however are 1) any unitary database of copyright ownership and enforcement claims relating to content created for online use and 2) access for small virtual entrepreneurs to relevant, reliable, knowledgeable and affordable education and advice in the area most important to the growth of their business, real world intellectual property protection, online commercialization and dispute resolution strategies.