pokemon go and right to panorama

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POKEMON GO AND RIGHT TO PANORAMA

S.PonkavithaTrademark Dept.

1 Pokemon Go and Right to Panorama



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WHAT IS POKEMON GO ?

Pokemon Go is an augmented reality game developed by Niantic, which uses the GPS of a smart phone to generate the virtual Pokemon characters in the surroundings of the real world location in which the player is present. The player then will have to catch the Pokemon character by flinging a virtual ‘Pokeball’ at it. The USP of the game is that the whole game has a real life feel to it, with the characters “appearing” in the player’s real surroundings, as seen through the player’s device.




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Players visit landmarks called PokéStops, where they collect goodies including Poké Balls and virtual eggs, which hatch into Pokémon or pocket monsters.

The augmented reality game stayed at the top of Apple Inc.’s U.S. app store for 74 days after it was launched in July.

“Pokémon Go” has been downloaded by more than 600 million people world-wide as of last month.

Pokemon Go and Right to Panorama3

http://www.wsj.com/articles/pokemon-go-adds-starbucks-stores-as-gyms-and-pokestops-1481224993

http://www.wsj.com/articles/pokemon-go-adds-starbucks-stores-as-gyms-and-pokestops-1481224993



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



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LEGAL ISSUES With the game becoming wildly popular in a short span of time (with even celebrities vouching for it), it has brought about a slew of safety and legal issues with it. Law suits ranging from trespass to invasion of privacy to unfair user agreement terms have been filed in various parts of the world. Not to mention the ever increasing number of accidents that the game has caused, with a couple of them resulting in the death of the game’s players. The most important legal issue being the Intellectual Property rights.4 Pokemon Go and Right to Panorama

http://www.polygon.com/2016/7/13/12172182/pokemon-go-celebrities-tweets-facebook-instagram

https://www.bloomberg.com/news/articles/2016-08-11/pokemon-sued-by-couple-claiming-neighborhood-unsafe-with-gamers

http://www.theglobeandmail.com/news/alberta/alberta-lawsuit-filed-against-pokemon-go-creator-claims-invasion-of-privacy/article31345270/

http://www.browardpalmbeach.com/news/palm-beach-man-sues-pokemon-go-creators-over-sketchy-user-agreement-7956571

http://www.foxnews.com/tech/2016/07/14/death-by-pokemon-public-safety-fears-mount-as-pokemon-go-craze-continues.html

https://www.theguardian.com/technology/2016/aug/08/man-shot-dead-pokemon-go-san-francisco



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PRIVACY ISSUEThe most concerning privacy issue with this app is the constant tracking of location data. By agreeing to the Pokémon Go privacy policy, you explicitly agree to allow Niantic to track your location any time you use the app. Most players leave the app open at all times, waiting for that sweet, sweet buzz of a new wild Pokémon appearing. This means that, effectively, you give permission for Niantic to track your movements all day, every day, wherever you go.




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Pokemon Go and Freedom of Panorama


WHAT IS FREEDOM OF PANORAMA ? Freedom of panorama (FOP) It is an exception to the copyright laws of various jurisdictions that permits taking photographs and video footage and creating other images (such as paintings) of buildings and sometimes sculptures and other art works which are permanently located in a public place, without infringing on any copyright that may otherwise subsist in such works, and the publishing of such images.

https://en.wikipedia.org/wiki/Copyright

https://en.wikipedia.org/wiki/Public_place



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Panorama freedom is an exception to the normal rule that the copyright owner has the exclusive right to authorize the creation and distribution of derivative works. The reason why freedom of panorama is being debated in regard to the game is that once the player catches the character, she has the option of saving the moment of her capture to the device in the form of a saved image.

PATENTS



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Such captures could often have works of art/ architecture in its background and sharing of it on social media platforms could raise a question of copyright infringement over these artistic works (this is especially so since most social media platforms reserve the right to use these pictures for a commercial purpose).




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FREEDOM OF PANORAMA ACROSS THE WORLD



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Laws around the world


European Union : Directive 2001/29/EC provides for the possibility of member states having a freedom of panorama clause in their copyright laws, but does not require such a rule.Italy and Iceland provide no freedom of panorama at all. While in France, there is restricted freedom of Panorama. Australia & Canada provides for both freedom of panorama as well as incidental inclusion of another work seen in the background of a photo. Photos that "incidentally and not deliberately" include another work do not infringe copyright.



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United States explicitly provides for Freedom of Panorama for making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.

Former USSR : Almost all countries from the former Soviet Union lack freedom of panorama. Exceptions are three countries, copyright laws of which were amended recently namely; Republic of Moldova , Armenia.

Laws around the world




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FREEDOM OF PANORAMA AND

INDIAPokemon Go, the frenzy had caught on in the country with many using cracked versions to play the game. Interestingly, a In September, petitioners in India filed a complaint requesting a ban on “Pokémon Go” in the country after they said virtual eggs appeared in places of worship.

The Copyright Act, 1957 lays down the freedom of panorama and incidental inclusion in the form of three provisions- §52 (1) (s), (t) and (u).12 Pokemon Go and Right to Panorama



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



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After a long wait, Pokémon GO was launched on Dec,14,2016 & is now finally available for download in India.

Pokémon GO has been brought to India by Niantic in partnership with Reliance Jio. As part of this partnership, all the Jio retail locations and charging stations throughout the country will appear as PokéStops and Gyms within the game. Pokémon GO will also have access to the exclusive Pokémon GO channel on the JioChat messaging app.

Pokemon Go and Right to Panorama13

Pokemon Go Launched in India in Partnership With Reliance Jio



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



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Pokemon Go-Does anyone even care anymore?

Fading from people's consciousness FAST. The biggest problem with this move is that no one really cares anymore. Those who were excited by the game and enamored by it’s A.R. capabilities downloaded the game months ago when it was actually released. Niantic completely missed the boat on the smartphone game’s launch in India.


Conclusion



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From a phenomenon to a has-been When Pokemon Go first launched, it

became a phenomenon almost overnight, breaking records left right and center and even crossing behemoths like Facebook and Twitter in terms of active users. While it might be a little presumptuous to say, the truth of the matter is that no one really cares about Pokemon Go anymore. Just like a pop song, which becomes the rage for a few weeks and then completely vanishes from the charts, Pokemon Go has become just a side note in history. Pokemon Go and Right to Panorama15



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



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