philip lelyveld The world of entertainment technology

Why Niantic anticipates legal challenges from OOH companies and brands as it develops immersive AR activations

As software development company Niantic experiments with increasingly immersive augmented reality activations, the Pokémon Go developer is girding itself for a potential wave of unprecedented legal challenges.

At the moment, the augmented reality space is a bit of a wild west, with creators using Niantic’s technology to virtually modify privately owned locations in the physical world or experiment with brands’ intellectual properties in funky ways. For years, the nascent medium of AR was too small to attract the attention of these rights holders — but as Niantic’s AR technology grows more complex and all-encompassing, the situation could reach a tipping point. ...

One such example of an expanded AR activation is the digital art exhibition put on in New York City’s Times Square by Ukrainian artist Artem “Giant” Humilevskiy, which launched on October 14. The experience lets users superimpose Humilevskiy’s self portraits over Times Square’s usual billboards and digital screens, with some of the art available for sale as non-fungible tokens.

The Times Square exhibition is an eye-catching example of how AR technologies can transform public spaces, but it was also a source of consternation for Niantic’s communications team, which worried that the activation could draw legal challenges from the owners and administrators of the physical billboards that were painted over in augmented reality. ...

This is a valid question, according to legal experts who believe there could be merit to a potential lawsuit by the owners of the painted-over real estate, as well as the brands that paid top dollar for marquee ad space in prominent locations. ...

“I think there’s lots we’re working on that the Supreme Court is going to have to settle eventually,” Morris said.

See the full story here: https://digiday.com/marketing/why-niantic-anticipates-legal-challenges-from-ooh-companies-and-brands-as-it-develops-immersive-ar-activations/