Legal Issues Associated with Augmented Reality

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Suzan Porter
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1 Legal Issues Associated with Augmented Reality 2014 IP and the Internet Conference June 12, 2014 Presented by: Ben Esplin, Partner Pillsbury Winthrop Shaw Pittman LLP

2 What is Augmented Reality? Augmentation of the real world with additional content provided in real time by technology 1 Legal Issues Associated with Augmented Reality

3 Examples of Augmented Reality GPS Navigation Mobile Device Viewers GoogleGlass Modern Sports Telecasts 2 Legal Issues Associated with Augmented Reality

4 What s the Point? Intuitive presentation of information relevant to current context Immersive and engaging experience Acquisition of user information 3 Legal Issues Associated with Augmented Reality

5 Example Use Cases for Augmented Reality Retail/Shopping Games Art Industrial Maintenance Law Enforcement/Military Education/Training 4 Legal Issues Associated with Augmented Reality

6 Retail and Shopping with Augmented Reality Advertising and Marketing Virtual Dressing Room Test Drive Incentive/Promotion Comparison Shopping 5 Legal Issues Associated with Augmented Reality

7 Games with Augmented Reality Gesture-Based Gaming Immersive Gaming Image-Based Location-Based 6 Legal Issues Associated with Augmented Reality

8 The Law and Augmented Reality Advertising Privacy Intellectual Property 7 Legal Issues Associated with Augmented Reality

9 Advertising FTC has stated truth-in-advertising standards apply the same between real and virtual worlds Avoid overselling features, function, or appearance Make disclosures clear and easy to spot Feedback and comment in Social Media may be endorsements Users generating endorsements through social media or augmented reality platforms must disclose if a product is providing any incentive Incentives may include rebates, incentives, and event contest participation 8 Legal Issues Associated with Augmented Reality

endorsements Users generating endorsements through social media or augmented reality platforms must disclose if a product is

10 Privacy Obtain express consent for: What you are collecting How you will be using it How long you will be keeping it Default settings should provide for privacy Best Practices: Only collect what you need Retain it only as long as necessary Store securely Dispose of it safely COPPA 9 Legal Issues Associated with Augmented Reality

Best Practices: Only collect what you need Retain it only as long as necessary

11 Privacy, Further Exemplary Information Gathered Persistent Identifiers UDID cookies IP address MAC address biometric info Location Demographic Images Sound Recordings Consumption/ Purchase Information Eye Movements 10 Legal Issues Associated with Augmented Reality

Location Demographic Images Sound Recordings Consumption/

12 Privacy, Still Further Facial Recognition Cool use case (Terminator style) Right of publicity (Personality rights) Right to control commercial use of name, image, likeness, or other aspects of identity Actually 2 separate rights: Right of publicity right to contractual compensation Right to privacy right to be left alone State Law (common law and/or statute) 11 Legal Issues Associated with Augmented Reality

identity Actually 2 separate rights: Right of publicity right to contractual compensation Right to

13 Privacy, Yet Still Further AR technology directed at a specific individual Could be used for any number of criminal and/or tortious actions 12 Legal Issues Associated with Augmented Reality

14 Intellectual Property Patents Copyright Trademark 13 Legal Issues Associated with Augmented Reality

15 Patents Business Methods/Services Location-based services Data Commerce and other interactions via AR platform/app Advertising and monetization models Real-time promotions Capture Management Manipulation Analysis Modeling and display Data aggregation and display Data structures Miscellaneous Object tagging/tracking Integration with social networking Systems Overall system architecture and functionality Integration of location awareness/real-time data sensors with AR application Contextual awareness Features/Functions/Processes GUI features User customizability Combinations of features/functions/information Interface control schemes and features Algorithms or implementations of algorithms Integration of functionality with existing technologies and/or services 14 Legal Issues Associated with Augmented Reality

and functionality Integration of location awareness/real-time data sensors with AR application Contextual awareness Features/Functions/Processes GUI features User customizability Combinations of

16 Copyright Protection Maps Databases and compilations of data User interface features Overall look and feel Photos Underlying code Presentation In order to recognize something, you will need to copy and store that something. Subject to fair use? Alteration or augmentation of copyrighted material a violation of moral rights? 15 Legal Issues Associated with Augmented Reality

need to copy and store that something. Subject to fair use?

17 Trademark Should be used to protect brands of AR companies in the traditional ways In augmenting trademarks, consider whether the augmentation creates a likelihood of confusion 16 Legal Issues Associated with Augmented Reality

trademarks, consider whether the augmentation creates a

18 Questions? Ben Esplin, Partner Pillsbury Winthrop Shaw Pittman El Camino Real Suite 300 San Diego, CA t ben.esplin@pillsburylaw.com pillsburylaw.com socialgameslaw.com 17 Legal Issues Associated with Augmented Reality

Camino Real Suite 300 San Diego, CA 92130-2006 t 858.847.

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