Virtual Streamers and Copyright

by Emily Zheng

We all know what live streaming is. We also know that those who do it are called “streamers”. But have you heard of VTubers?

What are VTubers?

VTubers/virtual YouTubers are streamers who use an animated avatar in creating their content instead of a face camera. In other words, instead of seeing a person’s face, viewers see the avatar being controlled through motion capture. VTubers commonly film themselves playing games or singing live.

The avatars can be 2D or 3D models, and the possibilities of their designs are endless, limited only to the streamer’s imagination. Some may design a virtual replica of their real appearance, while others may decide to stream with an anthropomorphic or non-human avatar. Some may see their avatar as a mirror image of themselves, while others treat their creation as a separate personality entirely.

Growth of VTubing

The trend originated in Japan in 2010 but only broke out in popularity in late 2016 when Kizuna AI was introduced on YouTube.[1] Voiced by Nozomi Kasuga, Kizuna AI now has over 3 million subscribers on both YouTube and TikTok.[2] Agencies such as Nijisanji (owned by Anycolor Inc.) and Hololive Production (owned by Cover Corporation) were soon created to establish and grow VTubers’ careers, not unlike those who sign on celebrities and idols.[3]

Now the trend has spread worldwide, including the United States, China, South Korea, Indonesia, and India. According to The Japan Times,[4] the number of active VTubers increased from 2,000 to 4,000 between May to July 2018. In October 2021, there was a reported 16,000 active VTubers across a variety of social media platforms, including Twitch, Niconico (Japanese video-sharing platform), and Bilibili (Chinese video-sharing platform).[5]

VTubers and Copyright

VTubing has unlocked several new benefits for streamers – anonymity, business expansion opportunities, and easier exit strategies being just some of them. However, the creative freedom comes with legal responsibilities, especially when streamers do not have the skills to draw and program their avatars and require hiring others to help.

In Canada, an original, artistic work is automatically protected by copyright the moment it is created, subject to the conditions set out in the Copyright Act. Generally, the creator has the sole right to produce or reproduce that work or any substantial part of it, and any person that sells, distributes, trades, exhibits in public, or imports a work without the consent of the owner is considered an infringement under the Act and may be held legally liable.[6]

A copyright owner may also register for a certificate of registration as evidence that copyright exists through the Canadian Intellectual Property Office (CIPO). Protection usually lasts the entire life of the owner, the remainder of the calendar year in which the owner dies, and for 50 years after the end of that calendar year.[7]

The copyright owner may also transfer part or all of their rights to another party through a registered assignment. The assignment can be for the entire copyright term or for a part of it. Another possibility is for the copyright owner to register a licence that would allow someone else to use their work for certain purposes under certain conditions. A licence would allow the owner to retain ownership.[8]

Concluding Thoughts

Technology has come a long way, and it is exciting to see people from all over the world embrace the creative possibilities granted to them through this growth. However, while some may view live streaming as just a hobby, the creation of agencies such as Nijisanji and Hololive Productions in Japan centered around virtual streamers has demonstrated that it is also a serious commercial commodity.[9] It would not hurt for artists and aspiring VTubers to be aware of their legal rights to protect themselves from any potential legal landmines.

[1] Kizuna AI; https://kizunaai.com/ [2] Ibid. [3] Nijisanji; https://www.nijisanji.jp/?nextInternalLocale=en Hololive; https://en.hololive.tv/ [4] K Nagata, “Japan's latest big thing: 'virtual YouTubers', The Japan Times, July 17, 2018; https://www.japantimes.co.jp/news/2018/07/17/national/japans-latest-big-thing-virtual-youtubers/ [5] B Samurai, “How Many VTubers Exist in The World: 16000”, Anime Corner, October 20, 2021; https://animecorner.me/how-many-vtubers-exist-in-the-world-16000/ [6] Copyright Act, RSC 1985, c C-42, s 3(1), 3(1.1). [7] Canadian Intellectual Property Office, https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr02281.html [8] Ibid. [9] Supra note 3.