A legal status for Avatars in the Metaverse from a Private Law perspective

• Published in: InDret no. 2; pp. 102 - 135
• Main Author: Arismendy Mengual, Lorena
• Format: Journal Article
• Language: English
• Published: Universitat Pompeu Fabra 30.04.2024; Universitat Pompeu Fabra Department of Law
• Subjects: artificial intelligence, avatar, civil liability, digital assets, legal personhood, metaverse, NFT, private law, product liability
• ISSN: 1698-739X; 1698-739X
• DOI: 10.31009/InDret.2024.i2.03

Avatars, or digital representations of ourselves in the Metaverse are often seen as a fun and unique aspect of virtual worlds, but the legal implications of their use — and potential misuse— remain largely unexplored. In this paper, I address various issues relating to the utilization of avatars in online virtual platforms by individuals, highlighting both their potential benefits advantages and potential problems. In that context, I provide a very much needed clarification of what the Metaverse entails, and I propose a Private Law-oriented framework for thinking and regulating certain aspects of digital avatars in a legally feasible manner.