Partner David Fink authored the two-part Law360 article “Virtual Reality and the Law,” addressing the mainstream technology virtual reality (VR) and augmented reality, and the legal issues this new technology faces as it evolves.
Though VR is most readily associated with the gaming industry, VR has impacted numerous other industries, such as music, television, healthcare and real estate. As with any new technology, however, VR has raised various legal concerns, specifically with respect to consumer safety, privacy, intellectual property and First Amendment issues, among others.
For instance, will traditional trademark, copyright and right of publicity principles apply to content displayed in the virtual world, such as logos, art work, and a person’s likeness? Will obscene and/or violent content in the virtual space receive the same First Amendment protection as violent video games?
Many interesting issues continue to arise as VR gives way to new uses and experiences. As the number of products, experiences and services utilizing VR continues to increase, so will the legal issues surrounding it.