Draft:Property Digital Rights (PDRs)

• Comment: Large portion of this submission is unsourced. Hitro talk 10:53, 4 November 2024 (UTC)

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Property Digital Rights (PDRs) represent a new asset class that enables property owners to control and monetise the digital space associated with their physical assets. These rights govern how digital content is displayed over physical, real-world locations and how these locations are represented in virtual environments, such as the Metaverse.

Overview

With the rise of technologies like Augmented reality (AR) and Virtual reality (VR), the physical world has increasingly become a canvas for digital content. PDRs allow property and land owners to leverage their assets in two ways:

• To control augmented or mixed reality digital content displayed in their location.
• To manage how the likeness of their property is used in a digital environment, such as a game or a virtual reality scene.

The use cases for PDRs include entertainment, art, retail media, navigation, tourism, B2B services, and more. Much like air or mineral rights, PDRs add a new dimension to property ownership by providing control over the digital landscape and the potential commercial opportunities it provides.

Creation of PDRs

PDRs are tied to both real-world properties and their digital counterparts in virtual metaverses. By claiming their Property Digital Rights, owners can monetise digital content shown on their buildings or land, from advertising to immersive experiences. Darabase, a location-based AR technology company that defined PDRs, launched a Property Digital Rights Registry in November 2023..

Use and Monetisation

Property owners can use PDRs to generate income by granting permission to leverage these rights for advertising, allowing branded experiences to be layered on top of their properties. For instance, AR campaigns displayed in specific physical locations can generate revenue, similar to how traditional outdoor advertising companies, like JCDecaux or Outfront Media, generate revenue from advertisements on billboards and screens. In addition to AR, property owners can control how their properties are represented in virtual worlds. Recognisable buildings, like sports stadiums or landmarks, can be licensed for use in virtual environments, such as video games. A notable example includes the licensing of football stadiums in the EA Sports FIFA video game series.

The Role of PDRs in the Immersive Web

As digital content increasingly overlays the physical world through AR and VR, PDRs ensure that property owners retain control of the digital presence of their assets. Statista estimates that the value of AR and metaverse-based advertising could reach billions of dollars, creating significant revenue opportunities for property owners who secure their PDRs. This control allows property owners to engage with the future digital world in a structured, permission-based manner that aligns with current legal and regulatory approaches to advertising and property rights.

Legal Framework for Property Digital Rights (PDRs)

The legal framework for PDRs protects property owners’ rights and ensures control over asset use in the digital realm, particularly in AR and VR. PDRs intersect with intellectual property laws, such as the Lanham Act, which governs trademark infringement, and the principle of passing off, which prevents the misleading use of a property’s location, image, or brand without permission.

Notable Examples

One notable example is Pokémon GO, where players interacted with virtual assets at public parks and private properties, leading to trespassing and property damage concerns. This led to a settlement allowing property owners to request the removal of virtual assets from their property. Another example is Snap Inc.'s Landmarkers feature, which overlays digital content on landmarks and requires permission for commercial use. This highlights the importance of a PDR framework to prevent unauthorised commercial use of physical assets When PDRs are violated, property owners can issue cease-and-desist letters, seek injunctions, or file lawsuits based on trademark infringement and unfair competition laws. Such legal protections help prevent unauthorised AR ads or digital experiences that might mislead consumers, like a commercial display in Times Square without the property owner's consent.