Updates from the Video Game World: The Copyright Issues of Realistic Gameplay

By Christopher Zheng

From living room couches to massive conventions, video games dominate our entertainment culture. Today, the incredible market value and ubiquitous presence of video games are undeniable. In 2018, total video game sales topped $43.4 billion, and 164 million people, or 65% of adults in the United States, reported playing video games. ^[1] In the legal field, the rise of eSports (players who compete in video games for profit while fans watch) has created unique issues surrounding player endorsements, contracts, and intellectual property disputes over ownership of gameplay footage.^[2] In fact, in 2017, a Seattle attorney established the first eSports-only law firm, and many firms have since followed suit by creating their own eSports practice groups.^[3]

To create such successful products, video game companies assemble teams of concept artists, animators, engineers, and programmers to bring their visions to the screen. This process of creation necessarily involves copyright concerns over the concepts and designs of each game. Recently, two cases decided in the U.S. District Court for the Southern District of New York illustrated the complex copyright issues involved when video games reproduce copyrighted material. Both cases are illustrative of the representational dilemma of video games that seek to mirror the real world: try to be as realistic as possible and risk infringing on existing copyrights or play it safe but lose gamers seeking the most realistic visuals.

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