Can I Augment That? 5 Targets to Be Wary of When Making AR

With the steady growth of new tools for user-generated augmented reality, I’ve been fielding a ton of questions lately on whether it’s legally okay to augment particular content. In other words–if you’re not familiar with how AR works–they want to know if it’s permissible to associate certain digital content with a particular physical object (the[...]

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Klout, Commercial Value, and the Right of Publicity

It was the Red Bull that got my attention.  Before then, I had “earned”” occasional “perks” through my Klout account–from brands I’d never heard of, like a new flavor of vodka or a romance novelist–but I hadn’t paid much attention to them. Red Bull, though, was a brand that meant something to me. And here[...]

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IP in an Augmented Reality

My latest article, “IP in an Augmented Reality,” was just published in the Jan/Feb 2014 issue of Landslide, the magazine of the American Bar Association’s IP Section.  It summarizes how copyright, patent, trademark, and publicity rights law will apply to AR technologies. An excerpt is below.  Click here to read the full article on the[...]

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IP in an Augmented Reality (Podcast)

Earlier this month I presented to the Michigan Intellectual Property Lawyer’s Association on “IP in an Augmented Reality.”  This speech is similar to ones I’ve given to IP groups elsewhere in the country. In it, I discuss what augmented reality is, how it will affect our everyday activities in almost every facet of life, and[...]

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Publicity Rights in Facial Recognition and Other Biometric Data

Widespread use of facial recognition technology is inevitable. To date, industry–leading companies have shown remarkable restraint in implementing such features. Google has banned facial recognition apps on its Glass headset, and Facebook has refrained from rolling out the technology to the degree that it could, although it’s inching further in that direction. But as digital[...]

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Publicity Rights and LinkedIn – The Case of Eagle v. Morgan

In Eagle v. Morgan (E.D. Penn. March 12, 2013), a banking company was found liable for infringing the publicity rights of its former CEO, Dr. Eagle.  When Eagle left her position, the company used her password to access her LinkedIn account and lock her out of it.  They then replaced her information with that of[...]

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5 Predictions for Augmented Reality Law in 2013 (and a Look Back at 2012)

As a public radio commentator once said, augmented reality has “been the Next Big Thing for a while now, although it never manages to become the Actual Current Big Thing.”  In keeping with this Sisyphean observation, we did not (yet) see quite as much development in either AR technology or the law governing its use in[...]

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How Social Media Law Developed in 2012

In January of this year, I wrote an article for Mashable called “5 Predictions for Social Media Law in 2012.”  As the year comes to a close, I’m happy to report that all five came true.  Let’s take a look: 1.  Facebook Litigation Brings New Attention to the Right of Publicity.  A year ago, a[...]

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“Identity and Its Consequences”: My Chapter in Westlaw’s New Book

I’m pleased to announce that I wrote a chapter in Litigation Strategies for Intellectual Property Cases, 2012 ed.: Leading Lawyers on Analyzing Key Decisions and Effectively Litigating IP Cases, the newest book in Thomson Reuters’  Inside the Minds series.  It’s available now in the Westlaw store. My chapter is titled “Identity and Its Consequences: the Importance[...]

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Bodies as IP: Does the Right of Publicity Objectify Women?

This article poses a question to which I honestly don’t know the answer: is it good public policy to say that being physically attractive is all someone needs to have an enforceable right of publicity?  On one hand, defining the right of publicity in that way empowers attractive people (almost always young women) to stop[...]

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