Assessing the Future IP Landscape of Music’s Cash Cow: What Happens When the Live Concert Goes Virtual
Charles H. Low
If piracy has been the bane of the music industry, and live performances are a financial buoy, what happens when live performances are ported to a virtual medium that all of a sudden may be subject to piracy again? This Note examines the various intellectual property frameworks through which one can look at the protectable elements of a live show or concert and what happens to the protectability of those elements once the show is ported to virtual reality. Given that technology to date has had a much larger impact on recorded music than on live performances, the introduction of virtual reality technology has serious disruptive potential. This Note argues that one can use existing intellectual property law to weave a complex web of protected elements around less traditional targets of IP like stage, set, and lighting design, background visuals, live performers, and props. This web of intellectual property protection will encourage strong contracting and yield more avenues for resisting piracy in the virtual reality world.