With the massive success of PokÉmon Go, every gaming company has to ask how they can use augmented reality, says Deborah Davis Han, senior counsel at social gaming company Zynga Inc. But augmented reality, which combines real places with virtual characters or objects, raises a number of questions for the legal department, Davis Han says, such as who’s liable if a player is injured or what to do with geolocation data.

Not long after the July launch of PokÉmon Go, players were robbed, there were complaints of trespassing and a couple of gamers walked off a cliff. These incidents underscore that player safety has to be a major concern for companies getting into the augmented reality space, says Davis Han, who will be speaking on Nov. 10 at the IP Trademark, Copyright & Licensing Counsel Forum, hosted by ALM Media in Manhattan. “If you’re going to use augmented reality like PokÉmon Go does, you’re sending users out into the real world,” she says. “You have to think about whether you are sending them to places where they could be in danger, or onto private property.”

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