INTRODUCTION
Virtual Reality (VR) and Augmented Reality (AR) technologies are some of the latest and most revolutionary advancements in the field of digital and artificial worlds, blurring the line between real life and virtual life. They have disrupted various industries like gaming, entertainment, education, healthcare, and many more. However, their innovative nature has brought forth a myriad of legal challenges and questions like “What are virtual property rights?” or “Do digital renditions violate intellectual property rights?” and “If so then who is liable, and should the platform be held responsible for regulating it or not?”, and various other questions and challenges.
Virtual Reality (VR) is an immersive technology that lets users delve into an entirely digital world. VR can be accessed through the use of specialized headgear, headsets, or goggles like the Meta Quest lineup, Steam VR, PlayStation VR, etc. Through the use of VR, we can create hyper realistic simulations of existing or real worlds or even completely artificial worlds. VR technology is already revolutionising various fields like entertainment, training, gaming, education, healthcare, architecture, etc.[1]
Augmented Reality (AR) superimposes digital content over the actual world instead of creating an entirely digital world. AR technology combines computer-generated graphics, audio, and other sensory inputs with the user’s environment in real time, usually via smartphones, tablets, or wearable devices. AR applications range from simple overlays, such as location-based information and navigation aids, to more complex interactions, such as interactive product demonstrations, virtual try-on experiences, and educational content. The most popular example of AR is the mobile game Pokémon GO which uses AR and GPS technology to make it seem like you are catching the Pokémon by exploring the world yourself. [2]
ARE REGULATIONS NEEDED?
While VR and AR are developing technologies with the potential to revolutionize the world, they are still largely unproven. Various issues need to be dealt with to fully embrace the AR and VR future. Some of these issues are:
1. Privacy and Data protection
Privacy and data protection has been a major challenge in the digital world. We have seen countless data breaches, data brokers, and other ways in which important data of a person may be stolen, sold, or used for unethical work. AR and VR technologies by their working require extensive data collection of users from biometric data to locational data and even so much so the tracking of one’s room and the objects present in it. Due to such intensive data collection, it becomes imperative to place regulations on how data is to be collected, stored, and processed.
Meta, the leading player in mainstream AR and VR technology, has been involved with India’s government concerning data protection regulations. In response to the ‘’Digital Transformation through the 5G Ecosystem’ consultation paper by TRAI (Telecom Regulatory Authority of India), Meta speaks on the need for a regulatory framework for the metaverse. They indicate that current legislation governing the web and technological advancements like the Digital Personal Data Protection Act (DPDP) 2023[3] are applicable in this case of the metaverse. Moreover, they emphasize that Meta continues engaging with industry stakeholders to address emerging challenges as it believes that each area must be dealt with on an individual basis to determine whether new regulations are needed. This is followed by meta-calling for collaboration and evidence-based decision-making as they navigate through the changing metaverse landscape.[4]
However, Meta is not the supreme authority in the field of AR and VR but just another player. AR and VR technologies have various other players ranging from casual social media-like software to highly realistic simulators and not everyone collects and processes the data in the same manner. Thus, it is not the lack of laws that is the issue but rather the application of those laws.
2.Health and Safety Regulation
VR and AR technologies can induce a variety of physical and psychological effects on a person depending upon the hardware, the software, and the use case, For example, it is common for a person to feel nauseous or experience motion sickness when using VR to play games or watch VR content as the various stimuli do not naturally match each other causing the person to experience such effects[5]. Similarly, AR applications that overlay digital content onto the real world may distract users and increase the risk of accidents, especially in situations where users are navigating physical environments while engaging with virtual elements. An example of this was seen just a few years back during the Pokémon GO craze which saw people walking on roads, falling into pits, and even dying.[6]
While it is not possible to eliminate such problems the legislation can establish certain minimum standards for the AR and VR hardware and issue guidelines for the safe use of such products like banning or restricting the use of AR headsets on public roads to minimize accidents.
3. IPR
The issue can be broken down into:
- Digital Avatar Rights (DAR)
Digital Avatars are the digital representations of the user in AR or VR environments. They serve as the digital identity of the person using AR or VR and thus need to be unique or at least distinguishable from one another. The issue arises when someone copies another’s avatar which not only confuses but with mass adoption of AR and VR technologies leads to identity theft, misappropriation of one’s likeness, and even be used for fraud or manipulation.[7]
The concept of digital avatar rights may appear abstract and distant to the general public, but as VR and AR technologies advance, establishing such rights becomes essential—avatars, as digital representations of individuals act as a new form of personal identity. Misuse or unauthorized manipulation of avatars can lead to significant problems, making it crucial to incorporate avatar rights into Intellectual Property Rights frameworks. With VR and AR technologies continually evolving, recognizing and protecting digital avatar rights is imperative to safeguard individuals’ identities and ensure responsible use of immersive experiences.
- Virtual Property Rights (VPR)
Virtual property rights refer to rights over those properties that are in the virtual world. Virtual property might appear to be the same as digital property rights but they differ in their extent. Virtual property rights are not limited to digital artwork or music but extend to abstract concepts like virtual real estate, virtual goods, and virtual creations. For example, in the VR game VRChat you have “homes” which act as your spawn points. Now when Meta and other VR platforms start growing bigger and become the next major part of our internet world would we have rights over such virtual homes or virtual assets? Establishing rights over virtual homes and assets is crucial as VR becomes a significant aspect of the internet. Just as digital property rights evolved from abstract concepts to necessity, virtual property rights require development to ensure fair ownership and protection.
Digital rights management (DRM) or emerging blockchain technologies could be a solution or at least a part of the solution to protect VPR if they come to be legally recognized.
- Virtual Renditions of physical property
Virtual property is not limited to just entirely new virtual creations but also the virtual renditions of the physical property. While purchasing physical property grants rights to the physical copy, creating virtual replicas raises questions about ownership and intellectual property rights. The legality of creating virtual renditions hinges on whether the purchaser of the physical property also acquires rights to its virtual copy, or if such replication violates patents, trademarks, or other forms of protection. Design elements and features of the physical property may be subject to intellectual property laws, further complicating the issue.
Conclusion
The rapid advancement of Virtual Reality (VR) and Augmented Reality (AR) technologies has brought forth a multitude of legal challenges that need to be addressed. From concerns over privacy and data protection to health and safety regulations, as well as complex issues surrounding Intellectual Property Rights (IPR) such as Digital Avatar Rights (DAR) and Virtual Property Rights (VPR), the legal landscape surrounding VR and AR is evolving rapidly. While some regulations are already in place, such as the Digital Personal Data Protection Act (DPDP) 2023, there remains a need for further development of legislation and regulations.
Furthermore, as VR and AR technologies continue to permeate various industries and become increasingly integrated into everyday life, it becomes imperative to establish clear legal frameworks to protect users’ rights and ensure the responsible use of immersive technologies. By addressing these legal challenges proactively, we can unlock the full potential of VR and AR while safeguarding the rights and well-being of individuals in the upcoming virtual world.
Author(s) Name: Anmol Bansal (Vivekananda Institute of Professional Studies)
Reference(s):
[1] Will Greenwald, ‘Augmented Reality (AR) vs. Virtual Reality (VR): What’s the Difference?’ (PCMag, 6 June 2023) <https://www.pcmag.com/news/augmented-reality-ar-vs-virtual-reality-vr-whats-the-difference> accessed 8 March 2024
[2] ibid
[3] Digital Personal Data Protection Act 2023
[4] Himanshi Lohchab, ‘‘Bordered’ regulation to hurt Metaverse’s seamless experience: Meta’ (The Economic Times, 29 January 2024) <https://economictimes.indiatimes.com/industry/media/entertainment/media/bordered-regulation-to-hurt-metaverses-seamless-experience-meta/articleshow/107240164.cms?from=mdr> accessed 8 March 2024
[5] Dmytro Spilka and Dmytro Spilka, ‘Is Virtual Reality Bad for Our Health? Studies Point to Physical and Mental Impacts of VR Usage’ (SPRINGER NATURE Research Communities, 13 July 2023) <https://communities.springernature.com/posts/is-virtual-reality-bad-for-our-health-studies-point-to-physical-and-mental-impacts-of-vr-usage> accessed on 8 March 2024
[6] Kristen Lee, ‘’Death by Pokémon Go’: Study finds that driving while playing likely cost billions in car damage, injuries’ (Business Insider India, 12 January 2021) <https://www.businessinsider.in/thelife/news/death-by-pokmon-go-study-finds-that-driving-while-playing-likely-cost-billions-in-car-damage-injuries/articleshow/80220467.cms> accessed on 8 March, 2024
[7] Jesse Lake, Hey, You Stole My Avatar!: Virtual Reality and Its Risks to Identity Protection, 69 Emory L. J.
833 (2020) <https://scholarlycommons.law.emory.edu/elj/vol69/iss4/5/?utm_source=scholarlycommons.law.emory.edu%2Felj%2Fvol69%2Fiss4%2F5&utm_medium=PDF&utm_campaign=PDFCoverPages> accessed on 8 March 2024
