No. 59: Video Games and Copyright Protection Under International, European, and U.S. Law
Abstract
Video games form the most creative world-wide entertainment industry and they foster innovation and development on both computer science and art in today’s digitalized world. Since these complex works contain multiple forms of art that have been already subjected to the protection regimes established under copyright, copyright law naturally becomes the most relevant intellectual property right for a discussion to be conducted on them. In order to reveal the current approaches on protecting video games, that has become a billion-dollar industry recently, this thesis aims to reveal different levels of copyright protection and the legal uncertainties occurred due to the existing considerations adopted under International, US and European copyright law. In this point, this thesis discusses the current position of video games in the realm of copyright and it seeks to reveal the deficiencies of the regimes applied in the above-mentioned jurisdictions. Accordingly, the preferences on the legal classification of video games together with their consideration under the idea/expression dichotomies and the legal consequences of such preferences are revealed and discussed. Following the discussions and considerations on the current protection regimes, it is found that the current protection regimes are not capable enough to handle such complex work of authorship. Therefore, as a second step, this thesis touches upon and evaluates the measures launched by the industry to cope with the existing issues and reviews the capability of such measures to handle the legal uncertainties. However, it is also observed that the current measures launched by the industry establish unjust applications of rights rather than finding a sustainable solution. Therefore, this thesis aims to carve out a brief sui generis copyright regime for video games that addresses the prominent issues observed throughout this thesis and that would be able constitute medium specific solutions to cope with the current issues and uncertainties on the protection of video games under copyright. Finally, this thesis concludes that the existing copyright laws are inadequate to handle a complex, developing and highly innovative product belonging to a billion-dollar industry in today’s digitalized and interactive world and it proposes a new regime that would be able to cover the specific points and needs of video games and that would be discussed internationally for the following years.