Foundations and Limits of Civil Liability of Metaverse Users and Platforms for Intellectual Property Infringement

Abstract

The expansion of interactive and multidimensional environments in the metaverse has transformed traditional patterns of creating, offering, and exploiting literary and artistic works, software, and trademarks, thereby generating fundamental challenges within the Iranian legal system concerning the attribution of harm arising from intellectual property infringement to users and platforms. This study aims to clarify the legal nature of digital assets, identify the elements and legal foundations of the civil liability of actors under Iranian law, and establish the necessity of new legislative measures. The need for this inquiry stems from the inadequacy of traditional legal rules in addressing the decentralized and algorithm-driven characteristics of the metaverse and the rapid reproduction and dissemination of content within it. The principal research question is as follows: What are the foundations and limits of the civil liability of users and platforms for intellectual property infringement in the metaverse, and what legislative reforms are required within the Iranian legal system to address the existing legal gaps? The findings reveal an evolution in the concepts of property and virtual possession. They further demonstrate that the liability regime applicable to users is primarily grounded in the rules of direct causation (itlāf), indirect causation (tasbīb), and statutory provisions governing intellectual property rights. By contrast, platform liability is assessed according to criteria such as the degree of effective control, knowledge of the infringement, and economic benefit derived therefrom; therefore, the mere provision of an infrastructure or intermediary environment, in the absence of negligence in the duty of care, does not in itself give rise to civil liability. In this respect, the findings indicate deficiencies in the existing general laws and legislative silence concerning safe-harbor protections for intermediaries. The study concludes that, in addition to a dynamic interpretation of existing legal rules, the Iranian legal system requires the enactment of explicit statutory provisions and new legislation concerning supervisory duties, notice-and-takedown mechanisms, cessation of infringement, and proportionate compensation for damages. The research employs a descriptive-analytical method based on an examination of statutory provisions, Islamic jurisprudential rules, and theoretical legal analysis.