The music industry urges TRAI to hold metaverse operators accountable for IPR infringement.

The Indian Music Industry (IMI) has requested that metaverse operators be held accountable for any infringement of intellectual property rights (IPR) of creators and users. The members of the IMI, which include T-Series (Super Cassettes), Sony Music, and others, have made this demand in response to the Telecom Regulatory Authority of India (TRAI)'s consultation on Digital Transformation through the 5G Ecosystem. The IMI has emphasized that it is necessary for metaverse operators and users to share the responsibility and accountability in cases of IP infringement. The consultation period ended on January 22.

Blaise Fernandes, the CEO and president of IMI, recently submitted a statement highlighting the challenges faced by rights holders in the music industry with respect to the enforceability of copyrights on user-generated content platforms. Fernandes argued that the safe harbour protection already claimed by these platforms has made it exceedingly difficult for music industry stakeholders to protect their rights. He further emphasized that extending safe harbour protection to the metaverse would have disastrous consequences for the creators, artists, and rights holders in India's music industry. According to Fernandes, such a move could cripple the growth of the recorded music industry in India and result in irreparable losses for the entire industry.

According to various stakeholders, such as Meta, Jio, VI, BSNL, Nasscom, Tata Communications, and Nokia, the existing intellectual property rights (IPR) system is sufficient to regulate the upcoming metaverse. However, Nokia pointed out that the application of generative AI could pose the biggest challenge from an IPR perspective, which is not unique to the metaverse alone. To address this challenge, Nokia suggested using blockchain technology with NFTs but also cautioned that it does not offer any enforcement mechanisms for IPR on its own.

After taking opinions from various stakeholders, it was generally agreed upon that the current regulations in place for content moderation are sufficient to regulate the metaverse and that the technology is still too novel to establish strict guidelines. Many of them recommended adopting a "wait and watch" approach to avoid stifling innovation. The industry body Nasscom suggested that any regulation regarding the metaverse could be addressed through the upcoming Digital India Act.

Meta, the company that owns Facebook, WhatsApp, and Instagram, has been one of the biggest global supporters of the metaverse. However, the company acknowledges that the metaverse is already governed by existing internet laws, but as the metaverse and related technologies continue to develop, new issues may arise. Therefore, Meta calls for a "robust and inclusive framework for dialogue" to discuss emerging issues and identify gaps in regulation.

Meta has suggested that the need for new regulation to address potential questions should be determined on a case-by-case basis, through collaboration and evidence-based decision-making. In addition to regulation, Meta has called for the development of technical standards and protocols to ensure a minimum level of interoperability, similar to the open internet protocols of today. This would prevent fragmentation and silos in the metaverse. Meta has also urged Indian policymakers to support international, multi-stakeholder efforts to establish baseline technical standards and to develop strategies at both central and state levels.

Meta is interested in discussing the rules of behaviour in the metaverse, where interactions are similar to those in the physical world. Many stakeholders have noted that the metaverse may increase the amount and variety of personal data collected by metaverse operators. Meta has acknowledged that new technologies like VR and AR devices come with new sensors and data inputs, such as eye-tracking in the Meta Quest Pro, which raises concerns about privacy and other issues. Meta suggests that technological and regulatory measures will be necessary to address these concerns.

Some stakeholders believe that the current Digital Personal Data Protection (DPDP) Act and Consumer Protection Act are sufficient to address concerns related to the metaverse, as long as they are implemented rigorously. Jio has suggested the need for a multi-regulator body to deal with the issue of jurisdiction in the metaverse.

Both BIF and Meta have called for the Indian government to enable Wi-Fi in the 6 GHz spectrum. BIF has requested the 6GHz spectrum to be made available without licensing to allow for 5G deployment, as it is difficult for 5G to penetrate buildings and provide indoor coverage since it is primarily deployed in mid-band and higher frequency bands. To make 5G deployment indoors easier, Wi-Fi 6E and Wi-Fi 7 need to be allowed, which work on the 6GHz band. Both BIF and Meta have emphasized the importance of low latency and jitter for an optimal AR and VR experience.

The Telecom Regulatory Authority of India (TRAI) has recently released a consultation paper in which they have put forward some of the most significant applications of the 5G ecosystem, including Internet of Things (IoT) and machine-to-machine (M2M) communication, and metaverse. The regulatory body has sought input on three key issues. Firstly, how to increase the adoption of 5G technology and what are the possible barriers to this. Secondly, how to promote the adoption of IoT devices and how to develop regulatory policies that can ensure the user's privacy and data security. Lastly, how to regulate the metaverse and handle issues of privacy and content moderation that may arise.

Conclusion

The regulation of the metaverse in India involves multiple stakeholders who present distinct perspectives and suggestions. The Indian Music Industry advocates for holding metaverse operators accountable for intellectual property rights infringements, while Meta argues that existing intellectual property rights systems and regulations are adequate. Concerns over privacy, data protection, and interoperability have been highlighted, and the Telecom Regulatory Authority of India has initiated consultations to explore the implications of 5G technology, IoT, and the metaverse. Policymakers, industry players, and regulatory bodies will need to work together to strike a balance between fostering innovation and safeguarding user rights.