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“At the moment, there’s no such thing as a recognized right to manage the space or virtual augmentations of your work,” says Alexia Bedat, an attorney specializing in AR and VR; nevertheless, Bedat adds that existing laws, similar to copyright or the Visual Artists Rights Act, may apply to certain augmentations.
“Virtual trespassing” is a brand new, ill-defined concept, though ongoing class motion against Pokémon Go could begin to make clear the legal limits of augmentation—that’s, whether it’s legal for somebody to position a virtual object on private property. The litigation around Pokémon Go has also brought up the concept that, even when the AR itself doesn’t constitute trespassing, it could prompt users of the app to trespass and cause a nuisance to the unwitting hosts of AR Charmanders and Squirtles. So far, not one of the AR intrusions in museums have summoned crowds that might be deemed a “nuisance,” though MoMAR’s gallery opening, hosted on a Friday afternoon (when MoMA offers free admission), did attract some 50 visitors to crowd inside a typically modestly occupied gallery.
Despite the present lack of of clear laws around what can and can’t be done to virtually augment art, museums aren’t entirely powerless. When visitors enter a museum, they conform to whatever rules that institution has set out—no photography, as an illustration, or no touching the paintings. Museums could begin so as to add “no AR apps” to their rules, or ban using phones outright—though doing so might seem to be a step backwards, considering that many museums only recently began embracing smartphones as a technique to engage their visitors. Artists, too, could begin negotiating more complex contracts with museums, spelling out what can and can’t be done to enhance their works. The latter may develop into more common as museums follow within the Pérez Art Museum Miami’s footsteps, experimenting with their very own AR exhibitions. “There are lots of interesting IP questions we’ve to navigate,” says Christina Boomer Vazquez, deputy director of promoting and public engagement at PAMM. “There’s also the difficulty of respecting the artists which are on view and the impact that [augmentation] would have on that artist and that work. [Augmentation] can alter the entire context and conversation of that artist’s work.”
But thus far, the Isabella Stewart Gardner and MoMA have remained quiet about their AR interlopers; neither has tried to take legal motion against the unauthorized augmentations. It’s a sensible approach. React too quickly, or too defensively, and so they might wind up doing themselves a disservice in the long term. AR—irrespective of the source—might be an excellent thing for museums, bringing in recent visitors wanting to experiment with the brand new technology. It could also pique younger visitors’ interest in older works. But all of it comes right down to an issue of authority. Traditionally, the museum experience was one-directional: Curators conceived of and executed an exhibit, which visitors then enjoyed. Now, that’s all starting to alter.
“Museums are obviously striving for relevance, since the world is increasingly splintered and competing at offerings, and a static object finds itself competing for our attention an increasing number of,” says Maxwell Anderson, an art historian and former director on the Whitney, Dallas Art Museum, and other instutions. Exhibitions just like the Museum of Ice Cream and the Rain Room on the Los Angeles County Museum of Art depend on interactivity and Instagram-friendliess to attract crowds—and AR is yet one more play for engagement. That quest for relevance, Anderson posits, is what’s leading museums to each adopt and be co-opted by AR—and even unauthorized AR intrusions like MoMAR and Hacking the Heist generally is a boon for institutions wanting to avoid obsolescence.
“From my perspective, it’s probably not value fighting against it, because gravity shouldn’t be working on our favor,” says Loic Tallon, the Metropolitan Museum of Art’s digital chief. The Met doesn’t currently have any of its own AR projects underway; Tallon says that he doesn’t think most visitors feel that anything is missing from the museum as is, and he desires to be very purposeful in how the museum adopts recent technology, lest it winds up doing so only for the sake of novelty. But the Met, too, has experienced AR invasions, similar to one project that animated Van Gogh’s First Steps, after Millet, and Tallon welcomes those augmentations with open arms.
“The museum’s mission is to gather, preserve, and study artworks,” he says. “If someone is making an AR experience out of the gathering, I see it as pure mission achievement.”
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