Legal Issues with Augmented Reality and Virtual Reality

(315 Ratings)

Produced on: June 19, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 90 minutes
Difficulty Advanced
Two of the hottest technologies are augmented reality (AR) and virtual reality (VR). AR and VR can be used for many purposes, but games are among the prime early use cases. One of the most popular AR games last year was Pokemon Go. Pokemon Go was also one of the fastest growing mobile games of all time, but it also resulted in various lawsuits relating to safety and property rights. As a result of this, certain jurisdictions have focused on passing laws to regulate location-based AR games. One of the first ordinances passed has been challenged on First Amendment grounds. AR can also create some unique privacy issues. For example, AR apps can use hidden cameras and facial recognition to identify people in the field of view of an AR user, access a database in real-time, and display information to the user. Various laws have been passed and lawsuits filed related to these issues.

Additionally, with AR and VR, a new form of advertising is possible—virtual advertising! This is a fascinating area fraught with a number of potential legal issues, including brand disparagement, other trademark rights, and intellectual property protection. For example, with both AR and VR, the IP protection is not just about the technology, but the content created and the interactivity of the content. Comprehensively protecting this IP requires a critical understanding of the applicability of the different types of IP available for these different components, as well as knowledge of how to combine the protection for maximum value. Due to the high cost of quality VR equipment, one of the early commercialization opportunities for VR is virtual reality arcades. Some game publishers are requiring VR Arcade specific licenses to share in the revenue. More interesting still, some game arcades have even had gambling-related issues due to the nature of some games or the business model of the arcade, and enforcements have already occurred.

Join attorney James Gatto of Sheppard Mullin as he takes a deep dive into the world—fraught with legal issues—of AR and VR in this timely and eye-opening program

Learning Objectives:
  1. Develop an understanding of AR, VR, and variants such as mixed reality
  2. Explore the legal landscape for location-based AR games, including the pending lawsuits
  3. Understand virtual advertising, brand disparagement and trademark-related legal issues with AR/VR
  4. Gain insights into crafting comprehensive IP protection strategies for AR/VR
  5. Recognize legal issues with VR arcades including specific license issues and gambling-avoidance

Faculty

James G. Gatto

Sheppard, Mullin, Richter & Hampton LLP

Jim Gatto is a partner in the Intellectual Property Practice Group in the firm's Washington, D.C. office. He is also Co-Team Leader of the firm's Digital Media Industry and Social Media and Games Industry Teams, and Team Leader of the firm's Open Source Team.

 

Areas of Practice

Mr. Gatto leverages his unique combination of nearly 30 years of IP experience, business insights and attention to technology trends to help companies develop IP and other legal strategies that are aligned with their business objectives. His practice focuses on all aspects of intellectual property, internet and technology law, including patent, trademark, copyright, trade secret and open source. Mr. Gatto advises clients of all sizes (start-ups to Fortune 100 companies) on key legal and business issues relating to the use of social media, video games, social games and online gambling (gamblification), virtual goods and currency, social networks, virtual worlds, mirror worlds, augmented reality, open source user-generated content, location-based services and gamification.

 

He has extensive experience advising internet and social media companies on business and legal strategies relating to virtual goods and virtual currency, developing IP protection and monetization strategies, handling terms of service and end user license agreements, development, licensing and partnership agreements, developing DMCA policies, handling DMCA enforcement, privacy and COPPA policies and much more.

 

Mr. Gatto's practice is national and international, and it encompasses a full range of IP and technology issues, including: patent, trademark, copyright and trade secret litigation; counseling and technology transactions; developing and implementing IP strategies to protect and to monetize IP assets; creating and implementing corporate IP programs; conducting IP audits; conducting complex patent prosecution, including patent appeals, interferences, Inter Partes Review (IPRs), reissues and protests; handling patent enforcement issues, including licensing and litigation; negotiating and drafting technology agreements; conducting IP due diligence in and negotiating IP aspects of mergers, acquisitions and financings; rendering opinions concerning the infringement, validity and enforceability of patents; handling trademark prosecution, domain name, copyright and trade secret matters; handling IP aspects of employment issues; advising clients on legal issues associated with open source software including open source patent issues, licensing, open source compatibility issues, indemnity issues and developing and implementing corporate policies on use of open source software; advising clients on the legality of cutting edge Internet business methods and technology; and advising clients on computer law issues such as computer fraud and abuse and SPAM-related issues.

Reviews

RM
Rick M.

Presenter was outstanding

BD
Brandon D.

Good presentation. Interesting!

WL
William L.

This topic is fascinating and was engagingly presented. I am an attorney who works in the cybersecurity area and its hard to find a source of high-tech CLEs that beats lawline. Thank you for getting these speakers

SB
Skylar B.

Fascinating!

TS
Timothy S.

Very interesting... can see broad application in many contexts

RD
Richard D.

I enjoyed the presentation

HS
HYUNJI S.

I really enjoyed the course and certainly learned a great deal.

AL
Anthony L.

great job!!

DB
Darryl B.

Good program.

FK
Frances K.

I am a first time user and I was pleasantly surprised. Presenter and info were both extremely useful.

JG
Jay G.

Excellent, Excellent, Excellent!!! Speaker, topic, presentation, all excellent. Lots of new food for thought, new areas of legal application, and issues to consider in this now and emerging technology. So good, if fact, I plan to view all of his presentations. Thank you

AH
Alyssa H.

Great program!

TH
Thomas H.

AR, VR, and MR is undoubtedly a major new tech and legal frontier. Although I have read about it on tech sites, I appreciate learning about the legal challenges and opportunities the emergent areas present. I would definitely recommend the CLE to my tech-interested friends inside and outside the legal profession.

GS
greg s.

great course.

SW
Samuel W.

well presented

LG
Lea G.

Great presentation. I really appreciate that he went longer than scheduled to present all the material. Thanks!

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