IAB Spain and the Gómez-Acebo & Pombo law firm have presented the “Legal Guide on the use of virtual reality and augmented reality in advertising”. Both disciplines represent an opportunity for the marketing and communication sector, since they allow the consumer to interact with the brand and immerse themselves in the experience in a much more real, immersive and direct way. However, they lack ad hoc regulation in our legal system, both national and community. Its use in applications, advertising or in any commercial activity is a legal challenge and it is essential to be able to detect the issues that must be regulated and define the responsibilities of each of the parties (manufacturers, developers and advertisers).
The aim of the guide is to shed light on the issues to consider from a regulatory point of view, both for advertisers and for developers or manufacturers. Its content addresses the rights related to intellectual property, product placement, the issues to take into account in the content generated by the users and the protection of privacy or minors, among others. In addition, the guide contains a series of recommendations for the use of these technologies in advertising, among which are the following:
- Need to review and renegotiate existing license agreements when converting to VR or AR content.
- Proactive approach for the supervision of contents included in the VR / AR environment and recommendation of prior due diligence.
- Contractually regulate the responsibility of each of the intervening parties, establishing the necessary technical mechanisms to avoid or limit the consequences of unwanted behavior by users.
- Need to obtain prior authorization to virtualize image or intellectual / industrial property rights of third parties.
For Paula Ortiz, Legal Director and Institutional Relations of IAB Spain: “AR and VR are entering the advertising market strongly and, as we have seen, their implementation has diverse and complex legal implications. With the publication of this guide we want to continue fostering IAB Spain’s commitment to innovation associated with regulatory compliance in the advertising industry ”.
For Bárbara Sainz de Vicuña, Senior Associate of the IP-IT Area of Gómez-Acebo & Pombo: “Given the increase in the use of AR and VR in the advertising sector, we consider it convenient to prepare a practical guide that includes the main legal issues that advertisers must take into account when developing advertising campaigns with these technologies ”.
You can access the guide here.
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