Legal Issues with Augmented Reality and Virtual Reality

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

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