가상·증강현실 내 ‘오버레이(겹쳐 표시하기)’ 기술의 법적 쟁점과 규율 법리 연구

Overlay feature would be one of the main characteristics of Virtual Reality and Augmented Reality. In VR and AR, images and information are overlayed on the background object. Overlays in VR/AR are easy to separate, change, or terminate the overlay effects. And the overlays in AR are functioned through scanning a QR code or markerless tracking, so it doesn’t involve reproduction or storage of the background object. The types of works of overlays in VR/AR and applicable laws are as below. (1) Overlaying works: adaptation rights and public transmission rights; (2) works in the overlaid background: temporary reproduction, incidental use, and right to the integrity; (3) integrated appearance of the overlaying work and the works in the overlaid background: right for composite work. In addition, protection for computer-generated graphic design(Design Protection Act) and protection for one’s achievements(Unfair Competition Prevention Act) can be applied. Also, to protect the owners and residents of the AR overlaid background places, freedom of expression(Constitution Law) and Removal and Prevention of Disturbance against Article Owned(Civil Act) could be applied. If the overlay features induce the outdoor activity, the matter of use and own the property should be considered along with the intellectual property issues.