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Research Handbook on the Law of Virtual and Augmented Reality
Virtual and augmented reality raise significant questions for law and policy. When should virtual world activities or augmented reality images count as protected First Amendment ‘speech’, and when are they instead a nuisance or trespass? When does copying them infringe intellectual property laws? When should a person (or computer) face legal consequences for allegedly harmful virtual acts? The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly intelligent avatars, and issues of jurisdiction within virtual and augmented reality worlds.
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Critical Acclaim
Contributors
Contents
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The proliferation of virtual and augmented reality technologies into society raise significant questions for judges, legal institutions, and policy makers. For example, when should activities that occur in virtual worlds, or virtual images that are projected into real space (that is, augmented reality), count as protected First Amendment ‘speech’? When should they instead count as a nuisance or trespass? Under what circumstances would the copying of virtual images infringe intellectual property laws, or the output of intelligent virtual avatars be patentable inventions or works of authorship eligible for copyright? And when should a person (or computer) face legal consequences for allegedly harmful virtual acts?
The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, the law of data protection and privacy, and of jurisdiction, as well as upon potential legal rights for increasingly intelligent virtual avatars in VR worlds. The Research Handbook offers a comprehensive look at challenges to various legal doctrines raised by the emergence – and increasing use – of virtual and augmented reality worlds, and at how existing law in the USA, Europe, and other jurisdictions might apply to these emerging technologies, or evolve to address them. It also considers what legal questions about virtual and augmented reality are likely to be important, not just for judges and legal scholars, but also for the established businesses and start-ups that wish to make use of, and help shape, these important new technologies.
This comprehensive Research Handbook will be an invaluable reference to those looking to keep pace with the dynamic field of virtual and augmented reality, including students and researchers studying intellectual property law as well as legal practitioners, computer scientists, engineers, game designers, and business owners.
The Research Handbook on the Law of Virtual and Augmented Reality addresses these questions and others, drawing upon free speech doctrine, criminal law, the law of data protection and privacy, and of jurisdiction, as well as upon potential legal rights for increasingly intelligent virtual avatars in VR worlds. The Research Handbook offers a comprehensive look at challenges to various legal doctrines raised by the emergence – and increasing use – of virtual and augmented reality worlds, and at how existing law in the USA, Europe, and other jurisdictions might apply to these emerging technologies, or evolve to address them. It also considers what legal questions about virtual and augmented reality are likely to be important, not just for judges and legal scholars, but also for the established businesses and start-ups that wish to make use of, and help shape, these important new technologies.
This comprehensive Research Handbook will be an invaluable reference to those looking to keep pace with the dynamic field of virtual and augmented reality, including students and researchers studying intellectual property law as well as legal practitioners, computer scientists, engineers, game designers, and business owners.
Critical Acclaim
‘The Research Handbook on the Law of Virtual and Augmented Reality is an extraordinary contribution to the scholarship in this rapidly developing area. The work boasts an impressive list of contributors, and the depth and breadth of topics is quite striking. One might think that such a work would be of interest primarily to lawyers involved in the computer game industry, or in law and technology. But this area of law now reaches into daily life, and both practicing attorneys and scholars in the areas of tort law (defamation, privacy law, right of publicity), constitutional law, intellectual property, criminal law, and business law will also find much to interest them, and a great deal of insight to assist them in analyzing the very real questions that this area of law now presents us. Recommended.’
– Christine Corcos, Louisiana State University and A&M, US
‘The Research Handbook on the Law of Virtual and Augmented Reality offers an all-encompassing view on this field of legal research, containing 20 chapters from scholars in the USA, Asia, and the European Union that explore how these jurisdictions might apply to VR/AR-technologies and apps. Woodrow Barfield and Marc Blitz have edited an outstanding volume that should be read by all, including students and policy makers.’
– Ugo Pagallo, Università degli Studi di Torino, Italy
– Christine Corcos, Louisiana State University and A&M, US
‘The Research Handbook on the Law of Virtual and Augmented Reality offers an all-encompassing view on this field of legal research, containing 20 chapters from scholars in the USA, Asia, and the European Union that explore how these jurisdictions might apply to VR/AR-technologies and apps. Woodrow Barfield and Marc Blitz have edited an outstanding volume that should be read by all, including students and policy makers.’
– Ugo Pagallo, Università degli Studi di Torino, Italy
Contributors
Contributors: W. Barfield, P.S. Berman, M.J. Blitz, S.J. Blodgett-Ford, J. Danaher, W. Erlank, J.A.T. Fairfield, J. Garon, G. Hallevy, B. Lewis, H.Y.F. Lim, C. Nwaneri, S.R. Peppet, M. Risch, A.L. Rossow, J. Russo, M. Supponen, A.M. Underhill, B.D. Wassom, A. Williams, G. Yadin
Contents
Contents:
Section I. Introduction to the Law of Virtual and Augmented Reality
1. The Law of Virtual Reality and Increasingly Smart Virtual Avatars
Woodrow Barfield and Alexander Williams
2. Starting Up in Virtual Reality: Examining Virtual Reality as a Space for Innovation
Crystal Nwaneri
3. Virtual Rule of Law
Michael Risch
4. Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life
Josh A.T. Fairfield
Part II Intellectual Property Law
5. Virtual Copyright
Michael Risch and Jack Russo
6. Trademark and the Right of Publicity in Augmented Reality
Brian D. Wassom, Amber M. Underhill and Andrew L. Rossow
7. Virtual Trade Dress
Jack Russo
Part III Issues of Constitutional and Criminal Law
8. First Amendment, Video Games and Virtual
Marc Jonathan Blitz
9. Virtual Reality, Haptics, and First Amendment Protection for Sexual Sensation
Brooke Lewis
10. Augmented and Virtual Reality, Freedom of Expression, and the Personalization of Public Space
Marc Jonathan Blitz
11. Beyond Unauthorized Access: Laws of Virtual Reality Hacking
Gilad Yadin
12. The Law and Ethics of Virtual Sexual Assault
John Danaher
13. Criminal Liability for Intellectual Property Offenses of Artificially Intelligent Entities in Virtual and Augmented Reality Environments
Gabriel Hallevy
Part IV Applying the Law to Different Applications of Virtual and Augmented Reality
14. Advertising Legal Issues in Virtual and Augmented Reality
S. J. Blodgett- Ford, Woodrow Barfield and Alexander Williams
15. Data Privacy Legal Issues in Virtual and Augmented Reality Advertising
S. J. Blodgett- Ford and Mirjam Supponen
16. Reordering the Chaos of the Virtual Arena: Harmonizing Law and Framing Collective Bargaining for Avatar Actors and Digital Athletes
Jon Garon
Part V Contract, Property Law, and Jurisdiction
17. Property Rights in Virtual and Augmented Reality: Second Life Versus Pokémon Go
Hannah YeeFen LIM
18. Freedom of Contract in Augmented Reality
Scott R. Peppet
19. Law and Property in Virtual Worlds
Wian Erlank
20. Legal Jurisdiction and the Deterritorialization of Social Life
Paul Schiff Berman
Index
Section I. Introduction to the Law of Virtual and Augmented Reality
1. The Law of Virtual Reality and Increasingly Smart Virtual Avatars
Woodrow Barfield and Alexander Williams
2. Starting Up in Virtual Reality: Examining Virtual Reality as a Space for Innovation
Crystal Nwaneri
3. Virtual Rule of Law
Michael Risch
4. Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life
Josh A.T. Fairfield
Part II Intellectual Property Law
5. Virtual Copyright
Michael Risch and Jack Russo
6. Trademark and the Right of Publicity in Augmented Reality
Brian D. Wassom, Amber M. Underhill and Andrew L. Rossow
7. Virtual Trade Dress
Jack Russo
Part III Issues of Constitutional and Criminal Law
8. First Amendment, Video Games and Virtual
Marc Jonathan Blitz
9. Virtual Reality, Haptics, and First Amendment Protection for Sexual Sensation
Brooke Lewis
10. Augmented and Virtual Reality, Freedom of Expression, and the Personalization of Public Space
Marc Jonathan Blitz
11. Beyond Unauthorized Access: Laws of Virtual Reality Hacking
Gilad Yadin
12. The Law and Ethics of Virtual Sexual Assault
John Danaher
13. Criminal Liability for Intellectual Property Offenses of Artificially Intelligent Entities in Virtual and Augmented Reality Environments
Gabriel Hallevy
Part IV Applying the Law to Different Applications of Virtual and Augmented Reality
14. Advertising Legal Issues in Virtual and Augmented Reality
S. J. Blodgett- Ford, Woodrow Barfield and Alexander Williams
15. Data Privacy Legal Issues in Virtual and Augmented Reality Advertising
S. J. Blodgett- Ford and Mirjam Supponen
16. Reordering the Chaos of the Virtual Arena: Harmonizing Law and Framing Collective Bargaining for Avatar Actors and Digital Athletes
Jon Garon
Part V Contract, Property Law, and Jurisdiction
17. Property Rights in Virtual and Augmented Reality: Second Life Versus Pokémon Go
Hannah YeeFen LIM
18. Freedom of Contract in Augmented Reality
Scott R. Peppet
19. Law and Property in Virtual Worlds
Wian Erlank
20. Legal Jurisdiction and the Deterritorialization of Social Life
Paul Schiff Berman
Index
