Is it Legal to Make Copies of Games You Own? Navigating the Copyright Maze
The short answer is: it depends. The legality of making copies of games you own is a complex issue entangled in copyright law, technological advancements, and the interpretation of those laws. While a simple “yes” or “no” is tempting, the truth lies in the nuances of Section 117 of the Copyright Act, and how that intersects with modern distribution methods and user agreements.
In essence, Section 117 allows for the making of an “archival” copy of a computer program, which a game undoubtedly is. This provision was intended to allow users to protect themselves against the obsolescence or damage of their original software. However, the waters become murky when considering what constitutes an “archival” copy in today’s digital landscape, and how terms of service provided by various game platforms impact your rights.
Archival Copies and Section 117: A Closer Look
The key is understanding what the law initially intended by “archival.” The purpose was to create a safeguard against physical deterioration or damage. Think about the days of floppy disks – prone to scratches, corruption, and eventual failure. A backup copy was essential for ensuring continued access to the software you legally purchased.
Today, many interpret “archival” to extend to backing up digital downloads for personal use, in the event the original is lost, corrupted, or no longer accessible via the original distribution platform. However, the courts haven’t given much modern day guidance on the interpretation of “archival”.
The Digital Distribution Dilemma: Steam, GOG, and Beyond
The rise of digital distribution platforms like Steam, GOG (Good Old Games), and others adds a layer of complexity. These platforms often offer the ability to redownload purchased games indefinitely, potentially rendering the need for a traditional “archival” copy moot. Their terms of service often dictate the permitted use of the software, sometimes explicitly forbidding the creation of copies beyond those provided by the platform itself. Thus, you must thoroughly review and understand the Terms of Service and End User License Agreement (EULA) of whatever games and platforms you are using.
Remakes, Roms, and the Specter of Piracy
It’s crucial to distinguish between creating a personal backup and engaging in activities that infringe on copyright, such as distributing copies (free or paid), creating modified versions without permission, or using copyrighted assets to develop entirely new games. These activities are generally illegal and can result in legal repercussions.
FAQs: Demystifying Game Copying Legality
Here are some Frequently Asked Questions to help further clarify the complexities of copying video games:
Is it illegal to recreate games?
Yes, unless you have explicit permission from the copyright holder. Recreating a game involves using copyrighted assets (art, code, music, characters, etc.) and intellectual property. Doing so without permission constitutes copyright infringement. Note that recreating mechanics is ok, but it needs to be distinguishable.
Is it illegal to copy video games?
Copying a video game without authorization is video game piracy, a form of copyright infringement. This includes distributing copies, even if free of charge.
Is it legal to backup games?
Potentially, yes, for archival purposes as defined by Section 117 of the Copyright Act. However, this is a gray area, especially with digital downloads. The interpretation of “archival” is key, and must comply with applicable Terms of Service.
How much of a game can you copy?
You can copy the gameplay mechanics, but not the copyrighted art, intellectual property, code, music, characters, story, dialogue, or other creative elements. The distinction lies between the idea (gameplay) and the expression of that idea (the specific implementation).
Can I sue someone for copying my game?
Yes, if they are infringing on your copyright. Start with a take-down notice and/or a cease and desist letter. If those fail, you can file a lawsuit for copyright infringement.
How much can you copy without infringing copyright?
There is no specific “percentage” rule. The test is whether a substantial part of the copyrighted work has been taken. Even a small amount of copying can be infringement if it captures the “heart” of the work.
Is it legal to crack old games?
Generally, no. Cracking games involves circumventing technological protection measures (TPMs) designed to prevent unauthorized access and copying. This is often illegal under laws like the Digital Millennium Copyright Act (DMCA).
Can you go to jail for pirating video games?
Yes, depending on the scale and severity of the infringement. Penalties can range from fines to imprisonment.
How do you legally remake a game?
Obtain explicit, written permission from the copyright holder. This typically involves negotiating licensing agreements and paying royalties.
How long do game copyrights last?
The duration of a video game copyright is typically the life of the author plus 70 years after their death. For corporate works, it’s often 95 years from publication or 120 years from creation, whichever expires first.
How easy is it to get caught pirating?
It depends on how you obtain and use the pirated material. Distributing pirated games significantly increases your risk of detection.
Has anyone been sued for pirating games?
Yes, numerous individuals and organizations have been sued for copyright infringement related to video game piracy, some of which have faced imprisonment and substantial fines.
Can Steam detect pirated games?
Steam itself doesn’t actively scan your computer for pirated games outside of its own platform. However, using pirated games can expose you to malware and other risks.
What happens if you get caught pirating?
You could face a civil lawsuit, resulting in significant financial penalties, and/or criminal charges, leading to fines, jail time, and a criminal record.
Can you get sued for downloading cracked games?
Yes, you can be sued for copyright infringement for downloading cracked games. The punishment may vary depending upon the state, but typically ranges from paying back the copyright holder to spending some time in jail.
Fair Use: A Limited Exception
The doctrine of fair use allows for limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. However, fair use is a highly fact-specific defense, and it’s unlikely to apply to simply making copies of games for personal use, especially if there’s a profit motive.
Conclusion: Proceed with Caution and Respect Copyright
Making copies of games you own is a legal minefield. While Section 117 offers a potential defense for creating archival copies, the specific circumstances, the terms of service of digital distribution platforms, and the potential for infringing on copyright all need to be carefully considered.
Always err on the side of caution and respect copyright laws. Support game developers by purchasing their games legally, and avoid engaging in activities that could lead to legal repercussions. Further your knowledge of game development and the nuances of ethical game creation by visiting the Games Learning Society at GamesLearningSociety.org.