Editor's Desk

In this issue of our Today’s General Counsel Sonia Cheng and Pierre Faller ask some interesting questions, starting with the title of their article: Do Avatars Have Privacy Rights? The subject is the “metaverse,” a term which is unusual if only because it has become ubiquitous before the thing itself exists. The authors don’t pretend to have definitive answers, but the questions they pose are germane to any legally-oriented inquiry into how an “$800 billion market opportunity poised to become one of the most disruptive technology advancements in history” will be regulated. They look at some issues that are bound to arise, and steps companies can take now to reduce the risks inherent in pursuing opportunities in the digital sphere.

William Curtin and Michael Sabino examine the case of a photography firm that licensed the use of its copyrighted photos to a company that subsequently went bankrupt, and listed the photos as an asset. The asset was sold to a third company, which the courts ruled can use the photos as it pleases without giving rise to an infringement claim. Curtin and Sabino list the ways a licensor can involve itself in a licensee’s bankruptcy to protect its rights.

Patrick Miller’s article describes how model contract clauses can prevent human rights abuses in a company’s supply chain. In the world of antitrust, Jeffery Cross’s column discusses the implications of the proposed total ban on non-competes by the FTC.

Bob Nienhouse, Editor-In-Chief, bnienhouse@TodaysGC.com