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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

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Thursday night I was privileged to be part of a panel--together with <a href="https://twitter.com/mrlaserbeam" target="_blank" rel="noreferrer noopener">Brian Mullins</a> of daqri, <a href="http://www.linkedin.com/in/brianbos?_mSplash=1" target="_blank" rel="noreferrer noopener">Brian Bos</a> of Mindshare, and <a href="https://twitter.com/mcw719" target="_blank" rel="noreferrer noopener">Marty Wetherall</a> of Fallon--presenting on augmented reality to the <a href="https://twitter.com/AdcraftClub" target="_blank" rel="noreferrer noopener">AdCraft Club of Detroit</a>. &nbsp;As the lawyer on the panel, many of the questions I fielded dealt with the legal issues that are likely to be most relevant to those using AR technology in their campaigns.

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Here is a brief summary of some of the remarks I made:

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Patent Trolls. &nbsp;In almost every technological field nowadays, there is a patent owner out there filing lawsuits that accuse users of new and innovative technologies of infringing a patent. &nbsp;And increasingly, those plaintiffs are targeting retailers who license the technology for a particular campaign, rather than software designers who have a vested interest in defending against the litigation. &nbsp;Within the past year, <a href="http://www.wassom.com/augmented-reality-patent-troll-at-it-again.html" target="_blank" rel="noreferrer noopener">one</a> of these trolls began targeting retailers who use webcam-based AR apps that allow customers to visualize themselves "trying on" a particular accessory. &nbsp;That shouldn't necessarily deter retailers from getting involved in AR-vertising, but they should be aware of the risks. &nbsp;If you're going to swim in this ocean, know that there are sharks in the water.

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Advertising Regulations. &nbsp;The current <a href="http://www.wassom.com/conference-speakers-should-follow-ftc-guidelines-for-sponsored-social-media-posts.html" target="_blank" rel="noreferrer noopener">hot topic</a> in digital advertising law is where disclaimers and disclosure should go and what they should say in order to make sure that customers have a reasonable chance to see and understand them. &nbsp;So, for example, when a weight loss company "pinned" real weight loss stories on Pinterest, it got in trouble for putting the required "These Results Aren't Typical" disclaimers on a hyperlinked page rather than in the pins themselves. &nbsp;The FTC wants similar disclaimers to appear within tweets on Twitter, and close enough to website text that it will be visible on mobile browsers. &nbsp;But when your content becomes three-dimensional and interactive with the physical world, where will the disclaimers go? &nbsp;Will they have to appear in "augmented space" as well? &nbsp;For now, AR experiences happen through mobile apps, so the likely answer is that those apps can include most disclaimers in a separate tab like any other app. &nbsp;But as the augmented content gets more significant and interactive, these questions will get thornier.

Physical Injury. &nbsp;I doubt if many, if anyone, in the audience had ever worried that a consumer might <a href="http://www.wassom.com/a-hollywood-insiders-perspective-on-location-based-ar-and-physical-injury.html" target="_blank" rel="noreferrer noopener">hurt themselves</a> while viewing their ad. &nbsp;But what turns digital content into augmented content is its interactivity with physical places and things. &nbsp;So as advertising moves into the augmented medium--especially if it includes "game" mechanics that require users to go looking for digital objects in physical space--marketers will need to pay close attention to the surroundings into which they ask consumers to go.

The Internet of Things. &nbsp;The panel had a great discussion about AR's utility as a window into the Internet of Things. &nbsp;One panelist pointed to the dishwasher as a device that collects a great deal of information, but would not be cost-effective if it included a digital screen for displaying that data. &nbsp;AR, however, will allow users to gather disparate bits of digital data and view it in a format that is easy to read and navigate. &nbsp;The flip side of that utility, however, will be the capability to gather and display information that people might rather not have gathered and displayed. &nbsp;<a href="http://www.wassom.com/living-in-ipv6-what-happens-when-everything-everywhere-goes-online.html" target="_blank" rel="noreferrer noopener">One example</a> that will particularly unnerve people is when facial recognition technology turns every one of us into "things" within the Internet of Things. &nbsp;Then, those of us with the right AR device will be able to see a single display containing all sorts of information about every person we may pass on the street.

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@<a href="https://twitter.com/techbradwaid">techbradwaid</a> @<a href="https://twitter.com/bdwassom">bdwassom</a> @<a href="https://twitter.com/daqri">daqri</a> @<a href="https://twitter.com/adcraftclub">adcraftclub</a> Had a great time at the Adcraft AR seminar last night. Thanks to all who contributed. @<a href="https://twitter.com/smamiorg">smamiorg</a>

— Sean Wilson (@Seansplace) <a href="https://twitter.com/Seansplace/status/340493867050733568">May 31, 2013</a>

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@<a href="https://twitter.com/bdwassom">bdwassom</a> Great job last night @<a href="https://twitter.com/adcraftclub">adcraftclub</a> event! @<a href="https://twitter.com/techbradwaid">techbradwaid</a> and I thought it was a great event with a lot of info.

— Drew Minock (@TechMinock) <a href="https://twitter.com/TechMinock/status/340447644126150656">May 31, 2013</a>

@<a href="https://twitter.com/brianlbos">brianlbos</a> @<a href="https://twitter.com/mrlaserbeam">mrlaserbeam</a> @<a href="https://twitter.com/mcwet">mcwet</a> @<a href="https://twitter.com/bdwassom">bdwassom</a> Thx for a very informative panel &amp; answering my questions about <a href="https://twitter.com/search/%23AR">#AR</a> application in <a href="https://twitter.com/search/%23BigData">#BigData</a>

— Evelyn Chou (@Evyfindstheway) <a href="https://twitter.com/Evyfindstheway/status/340296546526580736">May 31, 2013</a>

This sampling illustrates the breadth of unexpected and challenging issues that marketers in particular and society as a whole will face as AR becomes more mainstream. &nbsp;Join us next week at the Augmented World Conference 2013 to learn more!

Augmented Legality

Emerging Media and Technologies

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Brian D. Wassom

Information Technology Transactions

What Marketing Professionals Need to Know About Augmented Reality Law

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What Marketing Professionals Need to Know About Augmented Reality Law

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