DIGITAL IDENTITIES: COPYRIGHT IN THE WORLD OF AVATARS

Gayatri Sangamkar

DES's Shri Navalmal Firodia Law College, Pune

Abstract

What is identity theft in 2026, you say? It’s getting your game character stolen! Gaming and virtual reality are becoming part of everyday life. In gaming, every user creates an avatar that represents them; it serves as a digital identity within the game. They represent the user’s personality and creativity. Video games consist of different levels where players compete with each other to unlock more game skins, weapons, and strive for survival. Gamers spend hours and years building the perfect identity in the digital world. But what are the consequences when these identities are stolen, copied? Does copyright have the safeguard to protect an avatar? This blog explores the connection between digital identities, virtual reality, and intellectual property law, and examines the legal preparedness in the gaming arena.

Introduction

The most trendy thing of this age, sports have developed into Esports, aka electronic sports, which is an organised, competitive video gaming where teams or individual players battle in various video games after undergoing rigorous training, just like traditional games. There are different leagues, playoffs, and even championships. The Esports World Cup was introduced in the year 2023 and officially held in the summer of 2024 in Riyadh. Esports and video games are reaching new heights every day. Gamers and professional streamers spend hours curating their identities, they invest their time and money into building their digital selves, and some even develop emotional attachments to their avatars. On metaverse platforms like Roblox, people can play games and interact through user-created 3D experiences, making way for socialising just by using an avatar. This raises an issue- is the legal framework strong enough to bear the weight of digital identities and highly personalised avatars?

WHAT IS AN “AVATAR”?

I’ve used the word “avatar” so much until now, and I’ll keep using it till the end of this blog- but what really is this avatar? An avatar is a virtual graphical representation of a player; it sort of represents his/her alter ego, their identity in the digital world. The evolution of video games began with simple games, like the arcade, for example, Pac-Man, then it moved on to 16-bit and 32-bit games like Super Mario, and was further developed into 3D games. After the introduction of 3D games, motion capture technology revolutionised character customisation, and finally, today we have photo realism and customisation. After years of gaming developments, in today’s age, there is a need to protect digital avatars because of the close realisation of human identities. Avatars can be customised with the help of game skins, just like humans have a fashion sense, every avatar has a fashion sense- sometimes they inspire other avatars. Game skins are also referred to as digital fashion in the metaverse, but that’s a topic for some other day. Avatars are extremely customizable and have their own personalities just like the owner. In some games, an avatar carries an online reputation; in esports, when teams go into battle, every team physically and digitally has a reputation to carry. Avatars increasingly function as extensions of real-world identities and carry social presence.

COPYRIGHT AND QUESTION OF ORIGINALITY?

Now the main question arises: can avatars qualify for copyright protection? According to WIPO, the subject matter protected under copyright is in three categories- audio elements, video elements and computer code. Additionally, other works like the plot, storyline, game script, and other literary works. However, there is no consideration for users’ identities. The root of this issue lies in ownership rights of companies; most companies and metaverse platforms retain rights through terms of service and licensing agreements. There is an imbalance between user-generated identity and corporate platform power. At the end of the day, the user is creating an identity in a game developed by a gaming company. But when users are emotionally connected with their avatars, these identities become more than digital assets. They represent creativity, self-expression, and individuality. While companies own the platform, users should retain greater control over the avatars they spent time and money building in the virtual space.

AVATAR COPYING, IDENTITY THEFT AND LEGAL RISKS

The main copyright concern raised in the case of avatars is that if an avatar reflects originality and artistic choices, seen as a form of creative expression, user spending significant time and energy in curating the same, along with aesthetics, back stories, and virtual personalities, can copying an avatar amount to copyright infringement? Copyright law in India provides very uncertain answers because avatars are created and used using platform-owned software. The issue becomes serious when streamers or gamers violate other identities by copying them and monetise for their own profit. As the virtual world is expanding, copyright law needs to evolve from just traditional artwork and digital paintings or software, but also recognise digital identities as a protectable form of creative expression.

EXPANDING TRADITIONAL COPYRIGHTS PRINCIPLES TO AVATARS

Formulation of a policy for gaming and VR is necessary; however, expanding the scope of existing laws is a better and more efficient solution for providing safeguards. The following sections can be expanded to widen the scope of copyright law to include metaverse identities and gaming characters.

Section 13- this section talks about the works that may subsist in India, it protects literary, artistic, musical, cinematographic films, and sound recordings, and the possible expansion- heavily customised avatars and originality could be recognised as digitally creative work.
Section 14 – grants exclusive rights to reproduce, distribute and communicate copyrighted work, possible expansion could prevent unauthorised copying, cloning, or no permissible use of avatars commercially.
Section 2- Section 2(c): defines artistic work, the most important section in the Copyright Act, 1957- customised avatars, skins, virtual aesthetics might qualify as artistic works if they display sufficient originality and novelty. Section 2(d): defines author- in the current regime, it refers to persons who are in relation to literary, dramatic, musical or artistic work, photograph, and also computer-generated, the person who causes the work to be created- this subsection can be more inclusive and integrate gaming avatars, as they’re computer-generated and original.
Section 17- ownership right, when the issue of imbalance between gaming companies and users arises, section 17 can clearly define the shared or limited ownership rights.

As gaming evolves with technology, the law also must evolve, recognising avatars as forms of creativity and self-expression may become essential in the future.

Conclusion

Avatars are no longer simple game characters, but they represent creativity, identity and social reputation in a digital world. Platforms like Fortnite, Roblox, and VR chat demonstrate how avatars hold economic as well as social value. As this world evolves, the Indian copyright law must adapt and become inclusive to protect virtual identities against unauthorisation, provide rights to genuine gamers and streamers.

References

Ramos, A., López, L., et al., The Legal Status of Video Games: Comparative Analysis in National Approaches, prepared for the World Intellectual Property Organization (WIPO), available at: WIPO Official Website (Accessed on 15 May 2026).