How to Avoid Intellectual Property (IP) Issues in Today’s Virtual World?
Virtual reality, abbreviated as VR, is not a new technology. It has been around us, in one or the other form, since the mid-twentieth century. However, it has achieved tremendous popularity now due to the vast advancements in technology and mobile data services. As the prices of VR devices are continuously becoming affordable to ordinary consumers, more businesses are moving towards them. With the persistent increase in the competitive market, there are predictions that the prices of VR devices and services will reduce even more over the coming years. If you are seeking to make profits by using this advanced technology, there is a need to focus on some legal considerations.
Here is the vital information you should keep in your mind to ensure your Intellectual Property (IP) protection while moving ahead with Virtual reality technology.
VR is a simulated environment consisting of the computer-generated, three-dimensional images that allow the person to interact with the real world by using electronic gadgets, like:
- Helmets with a special screen
- Sensor-fitted gloves
These environments, being self-contained, do not allow users to interact with the real world directly.
One of the main concerns that surround trademarks in association with VR is the use of third-party marks. VR service providers looking for featuring third-party marks in their content or on their headsets should always prefer doing the same after attaining permission from the owner. It is the best way to avoid the risks of Trademark Infringement. Incidental incorporation of the Registered Trademarks may sometimes appear fair, but not always.
If the VR service provider uses a trademark in the course of trade to drive commercial benefits, he intentionally or unintentionally is infringing that mark. For example, if a service provider commences selling an item holding a third-party’s trademark, in a fashion-based VR environment or a game; he is likely to infringe the trademark. It is true even if the trade uses a virtual currency.
Copyright Law can raise the possibilities of infringement regardless of whether the user is using the copyright-protected work in the course of trade or not. Any use of the asset without the owner’s permission can result in infringing issues. VR environment provides countless options to use original creative text, images, music, and videos, but with the risk of Copyright Infringement, like infringing the exclusive rights of alteration or reproduction. The exclusive right can be straightforwardly implicated by including the copies of the creative work of others.
Moreover, VR software allows users to alter or modify the work. The fair use policy, which ensures that some uses or changes of copyright-protected assets do not require permission, may sometimes protect the users from legal concerns. However, as this doctrine does not apply everywhere, service providers should, therefore, get permission to reproduce, change, or use the work.
Many other legal areas, such as product liability, patents, and data protection, are also related to the new virtual reality age. Considering the pace with which VR is developing day by day, we can say that it will get listed amongst one of the maximum revenue-making technologies. Businesses investing in this technology will undoubtedly make remarkable profits. But, to stand ahead of the competitors, they have to execute their work without falling in problematic situations due to infringement issues, no matter copyright or trademark. For more visit: https://www.kashishipr.com/