IP Rights in Augmented Reality and Virtual Reality

Protected Works, Third-Party Marks, Content Created for AR/VR, Content Created in VR

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, October 23, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide counsel on intellectual property issues that arise in augmented reality (AR) and virtual reality (VR). The panel will discuss the protection of IP rights and address the use of protected works and third-party marks. The panel will also examine potential IP infringement and the liability risks as well as what steps can be taken to mitigate those risks.

Description

In AR digital content is layered over the real world. We see it in GPS navigation, sports telecasts, virtual dressing rooms and more. VR replaces the real world with a virtual world where users, typically wearing headsets, can interact in and with the virtual environment.

When in a virtual world, if the user has a famous brand beverage, who owns the IP rights? Does a trademark protect virtual goods? Does the creator of the VR need to license the mark to include the branded beverage in the VR? Further, AR and VR software allow the user to modify works in the environment, which could potentially create derivative works.

AR and VR developers, companies and their counsel must be aware of liability exposure when deciding whether to include existing brands and copyrighted works—such as music and art—in the VR environment. Also, mark and copyright holders must be aware of the potential for infringement of their IP rights in AR and VR.

Listen as our authoritative panel of IP attorneys examines IP protection in AR and VR. The panel will address the use of protected works and third-party marks. The panel will also discuss potential IP infringement and the liability risks as well as what steps can be taken to mitigate those risks.

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Outline

  1. Use of protected work in VR and AR
  2. Use of third-party marks
  3. Liability mitigation and terms of use
  4. Protecting original content created for VR
    1. Copyright
    2. Right of publicity
  5. Content created in VR

Benefits

The panel will review these and other noteworthy issues:

  • If a VR user creates virtual content while using the VR system, does the user own the IP rights in his/her creation?
  • How should counsel use copyright and trademark laws to protect in AR? Will augmenting trademarks create a likelihood of confusion?
  • Can placement of protected IP on private property grant ownership rights in the IP to the owners of the real property?
  • What are the hurdles to protecting IP in augmented and virtual worlds?

Faculty

Culp, Kimberly
Kimberly Culp

Director
Carr McClellan

Ms. Culp works with digital media, video game, and consumer products companies to resolve their high-stakes IP...  |  Read More

Wassom, Brian
Brian D. Wassom

Partner
Warner Norcross & Judd

Mr. Wassom litigates disputes and counsels clients in a wide range of commercial and intellectual property matters. He...  |  Read More

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