Video Games : Legal Implications in Intellectual property Rights - The Red Carpet


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Wednesday, May 3, 2023

Video Games : Legal Implications in Intellectual property Rights


The video game business has experienced exponential growth in recent years as a result of the fusion of cutting-edge technology and innovative creativity. However, it might be challenging for video game promoters and producers to protect their commercial interests in the game. In other words, they want to stop their rivals and market competitors from stealing the games they created and promoted. In addition to the equipment needed to create games, intellectual property rights (IPR) also cover the game's content.

Today's society has a very strong presence of video games. One's life style and perspective on life can alter as a result of playing video games. It is significant to remember that there are several aspects of video game laws. Copyright law is used in the beginning stages of a video game's design, along with patent and trademark law. The concept of virtual reality is taken into account in the new feature of a video game law.


It's crucial to understand the differences between copyright and trademark in order to effectively use them together to prevent video game piracy. Both are essential components of intellectual property law. 

Creative content that is in a fixed form, like a video game, is protected by copyright law. It protects:

  • The video game itself, including its source code
  • The characters in the video game
  • The storyline
  • Images and original music used in the game
  • Other creative content in fixed form as opposed to an idea or concept.

Trademark law applies to the game title and branding. A trademark is a word, phrase, symbol, or design that is used to represent a product or service. Trademark law can therefore protect:

  • The video game title
  • The logo
  • The slogan or catchphrase

The creative and inventive expressions that go into the programme (code), as well as the artwork and audio effects (sound and music), are all covered by copyright protection in video games. Additionally, developers must guarantee that they obtain the necessary legal rights and permissions from the Copyright Owners before beginning a new project that is based on an already-existing copyrighted work (a so-called derivative). Along with the game's characters, trademark protection is also granted to the names, logos, and symbols used in connection with the game. As a result, trademark registration aids consumers in identifying the corporate source of video games and fosters a strong bond between them and the game producer.

The video game is regarded as a complex work benefiting from copyright protection and incorporating elements that each may stand alone as a subject of copyright law, including PC projects and diverse media works. Therefore, existing copyrights established during the creation of another video game over its segments should be taken into account when a video game is grown, in this way dispersed, and used. True duplication of elements from another games is not planned. All video game developers are free to use part components for which copyright insurance isn't enforceable. Consideration should also be given to the possibility that even those who are not directly involved in the development of a videogame could end up creating its individual components while playing it. In this case, their copyrights should also be taken into account. Players of video games can now participate in intelligent web-based games by creating settings, characters, and other unique components that are also accessible to non-player characters. As long as the final commitments are distinctive and creative, these players could be seen as the architects of their own obligations.

Following up on similar copyright creations made by game customers requires an appropriately approved endorsement. In these virtually legitimate connections, this can be achieved through agreements for the use of their copyright-eligible work, which game customers can be asked to acknowledge when registering for access to the game. Video games also contain elements that are not covered by copyright insurance, either because their term has expired or because they contain real-world events, folklore, and other things that are expressly prohibited from the scope of copyright security. This is in addition to those compound components that are made up of separate copyright objects. The term "open space property" is used in states having a somewhat English Saxon legal system (common law).

It is important to note that while the straightforward use of an authentic fact is not considered an infringement as long as the method of its appearance is different from the one that already exists, the strict duplication of the manner in which an authentic fact, legend, or other work is portrayed would be considered an infringement of the creator's copyright.

The "Scène à faire" concept, which is French for "scene to be made" or "scene that must be accomplished," could be subject to yet another exception. According to the tenet, certain elements of a video game cannot be protected by copyright since they are customary, necessary for certain types of it, commonplace to be a part of it, or needed for transmitting vital information about the vast majority of copyrighted works. This lesson would be applicable, for example, to the use of a score system, to the lives of gaming legends and the coins they amass in this way, to the sky, water, and earth, and so on. The "Scène à faire" instruction also applies to particular game genres. For instance, certain "average structure components" are used when developing a golf video game. Golf holes, golf balls, golf clubs, golfers, grass, trees, water, and other elements are regarded to be crucial for carrying out the creation of such a game. Each game developer has the freedom to use them as they see fit while creating a golf game. In any case, it would be a copyright violation for the game engineer to replicate them word for word from another golf video game. It should be noted that while the "Scène à faire" teaching is not accepted by the mainland legal system, the need for creativity actually achieves similar results.


In addition to the creative gameplay found in video games, hardware or technical solutions are also covered by patent protection. The videogame cover, graphic interface, and visual characters are all protected by Industrial Designs. Industrial design protection solely covers the outward aspects of game characters' shapes, lines, contours, colours, and textures rather than any technical functionality in the gaming industry.


In order to successfully manufacture, distribute, and promote video games, video game licencing is essential. The proprietors of video games are their creators and developers thanks to copyrights in the video game business. A licencing agreement can be started by the game's officially recognised owner in order to sell and distribute their creations. Since the very beginning of this industry, producers and developers have used licenced content into their games in an effort to appeal to a wider audience by using familiar technologies to produce more realistic gameplay, as well as to capture everyone. 

Licenses must be drafted in accordance with the Intellectual Property Laws to protect the developer's rights and interests. Independent game developers and video game studios must work diligently to safeguard their IP and prevent its misuse through Copyright Protection and licensing contracts.


Based on the aforementioned findings and analysis of the importance of applying copyright laws in the gaming industry in this paper, it is very likely to be assumed that copyright, out of all the IPs, is the one that protects the most works related to the gaming industry and is a crucial and unpredictable assurance for games. A game is a synthesis of several innovative and intelligent outputs that turns a wonderful experience into a mechanically vivid one for the clients/players. The emphasis on copyright is sound because the gaming industry is currently experiencing constant modifications in the way that levels are playable as well as an improved customer experience. India doesn't have specific gambling legislation and is controlled by clever business practises in the gaming industry. This alone highlights the need for copyright regulations in the gaming industry.

The video game industry is always changing in terms of creativity, technology, and business. Such advances and developments often bring new difficulties and challenges. At the beginning of a new project, developers and distributors must register their intellectual property (IP), as IP Rights give them a fundamental advantage over all rivals on the worldwide market. They must make that the legal framework is suitable and in place to support the creation, funding, and distribution of video games. Thus, it is crucial to create a proactive IP strategy for gaining the necessary rights that are crucial to the success of a developer's business.


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