A Study Of Copyright Issues For Augmented Reality Publications

"Augmented reality" is a computer technology that superimposes or overlays computer-generated data to mix or enhance the video or picture effects in reality."Augmented reality publications" refer to various publications that use digital media such as three-dimensional models to correlate with information such as coordinate points and spatial locations in printed graphics and graphics to meet the needs of users for augmented reality experience.In recent years,the traditional publishing industry’s trend of integrating augmented reality technology into publishing and distribution has become more and more obvious,and more and more publications are refreshing for users.It is urgent to interpret this new expression from the perspective of copyright law.On the one hand,the structure of augmented reality publications is more complex than that of traditional publications.Due to the combination of virtual reality and three-dimensional registration of augmented reality technology,the copyrightability of the whole and each part is still unclear.On the other hand,due to the characteristics of real-time interaction in the image generation process,users participate in the creation of the screen.If the screen constitutes a work,the ownership of its copyright is still doubtful.In addition,when users use augmented reality publications,there must be "viewfinder" behavior,which is suspected of copyright infringement.If you want to escort the development of the industry,you need to make a reasonable explanation for this behavior.Based on the analysis of the copyrightability of the object based on the three elements of originality,reproducibility,and the dichotomy of ideas and expressions,at a macro level,augmented reality publications conform to the definition of works.From the perspective of separation,among the components of augmented reality publications,The parameter file formed by physical scanning is not original,and the three-dimensional model obtained by scanning the physical object is not original.In addition to the above two,other parameter files,three-dimensional models,and generated images all constitute works.Therefore,the " Both overall protection and split protection are feasible,but they also have shortcomings at the same time.The most comprehensive way of protection is selected comprehensively,and the “partial split” approach is the most reasonable.In augmented reality publications,the joint actions of users and the development platform generate images.From the perspective of deductive works and collaborative works,the ownership of image copyright can be determined.In a fixed scene,because the user’s viewing range is limited,it cannot be considered that it has made sufficient contributions to the expression of the image.Therefore,the copyright of the image belongs to the development platform.When there is an agreement with the author of the subject,it constitutes a collaborative work,and when there is no agreement Constitute deductive works.In the free scene,the author of the work involved in the user’s framing cannot have creative intentions,and the user’s behavior at this time conforms to the constituent elements of the cooperative work,so the image copyright belongs to both the development platform and the user.In a free scene,user framing is a necessary process to generate augmented reality images.It can be expected that the randomness of user framing will copy some works in real scenes,and the simplicity of digital copying and the large-scale rapidity of network communication,It will cause the image to damage the interests of the author of the work and cause infringement,and the universality of such infringement will hinder the proper development of the augmented reality publication industry.After passing my country’s fair use and the “three-step inspection standard”,it still cannot Exclude the infringing nature of this act.Therefore,this article proposes a form of image generation under the premise of "temporary copy",so that the user’s viewfinder can pass the "three-step test standard" to establish a non-infringement defense due to the transient nature,necessity and lack of independent economic value of temporary copying.So as to find a reasonable publication development path for the industry.