Marcinoska-Boulangé - legal aspects of new technologies

The trend toward advertising in online channels has grown for years, but video games are still not a popular ad platform. While large foreign entities are eager to exploit this opportunity (among game publishers such as Electronic Arts and brands like adidas, Coca-Cola and Daimler), it is harder to find examples of this type of cooperation among Polish entities.

This may be due partly to the independent nature of Polish game productions and because they rarely set their games in realistic spaces (where it is generally easier to place ads). On the other hand, many advertisers seem unaware of this form of advertising, and many publishers don’t seem familiar with this possibility for financing games.

The video game development sector has grown rapidly in recent years. With the spread of smartphones, new business models, and distribution platforms, the market for video games has taken off, becoming a key sector of the creative industry. Its growth stirs the imagination and appetite not only of game producers and publishers, but also of the biggest companies in sectors like IT and film, who are increasingly oriented toward the game market. It is also a promising field for investors, particularly from Asia. The industry’s growth has not even been slowed by the COVID-19 pandemic. To the contrary, the industry has taken advantage of this time to reinforce its position and achieve new growth.

The competitiveness of the video game market is also growing, and smaller producers and publishers must compete with global giants. This is not discouraging Polish producers and publishers. In addition to the largest studios, smaller but equally ambitious ones continue to spring up in Poland, with backing from various programmes and accelerators.

Some time ago, Burger King announced that it was offering a mobile application allowing users to “burn” competing fast-food ads. By directing the device’s camera to a billboard, flyer or coupon showing the “right” competing logo, a smartphone user activates an augmented reality image of flames burning the competitor’s logo on the phone screen. In exchange for burning the competitor’s logo, the app generates a code entitling the user to receive a free sandwich at the Burger King chain. The launch of the app was supported by a promotional campaign, and a promotional video showing the operation of the app can be viewed online.

Conversation with Monika A. Górska and Lena Marcinoska of the Intellectual Property Practice at Wardyński & Partners about whether the blockchain may be regarded as a new area of use.

Newtech.law: Blockchain based solutions are developing rapidly in various sectors of the economy. Have they also entered the creative sectors?

Monika A. Górska: Definitely. DLT technology may be used successfully to record intellectual property rights and to register transactions involving creative work. Moreover, most computer programs are written today with a blockchain project capability.

Newtech.law: Does the arrival of blockchain-based solutions give rise to any problems with copyright agreements?

The physical reality around us is transforming almost imperceptibly into augmented reality (AR). So far, most of us associate the latter mainly with the entertainment industry (such as, say, PokemonGo). Meanwhile, augmented reality may become ubiquitous and permanent – something that cannot be switched off by closing an application or removing AR glasses.

It is easy to break copyright law when using torrents. Nonetheless, if a demand for payment arrives requesting discretionary amends for harm caused by distributing, say, a film without a licence, it must be read carefully and checked whether its sender is actually the rights holder, or just someone making a living from sending such letters.