The Law of Virtual and Augmented Reality (Woody Barfield, Marc Blitz eds, 2018 Forthcoming)
41 Pages Posted: 12 Oct 2017 Last revised: 16 Mar 2018
Date Written: October 12, 2017
This book chapter explores the development of virtual reality technology from its rudimentary roots toward its realistic depiction of the world. It then traces the history of copyright protection for computer software user interfaces (a law that only predates virtual reality by a few years), highlighting competing approaches toward protection and infringement. While the focus is on virtual reality, this chapter contains an exhaustive examination of the state of "look and feel" protection for software interfaces.
The chapter then considers how these competing approaches -- each of which is still holds some sway in the courts -- will apply to virtual reality objects, applications, worlds, and interfaces. We posit that as VR becomes more realistic, courts will find their way to allow more reuse.
We do not expect to see traditional characters and animation treated any differently in virtual reality. Mickey Mouse is still Mickey Mouse, and Pikachu lives in trading cards, cartoons, augmented reality, and virtual reality. It is whether and how realistic depiction, gesture control, modularization and sharing fit within copyright's limiting doctrines that will create important and difficult questions for future developers, judges, juries, and appellate courts.
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