Do Game Copyrights Expire? Understanding Intellectual Property in the Gaming World
Fast answer first. Then use the tabs or video for more detail.
- Watch the video explanation below for a faster overview.
- Game mechanics may change with updates or patches.
- Use this block to get the short answer without scrolling the whole page.
- Read the FAQ section if the article has one.
- Use the table of contents to jump straight to the detailed section you need.
- Watch the video first, then skim the article for specifics.
Yes, game copyrights do expire, but not until a significant amount of time has passed. Understanding the nuances of copyright law in the context of video games is crucial for developers, players, and anyone interested in the creative process behind these digital worlds. This article will delve into the specifics of game copyright duration and related frequently asked questions to give you a comprehensive overview.
Copyright Duration: The Long Game
The duration of a video game copyright hinges on several factors, primarily who created the work and when it was created. Copyright law distinguishes between works created by individuals and works created by corporations.
-
Individual Authorship: If a video game is primarily the work of an individual or a small group of individual authors, the copyright lasts for the life of the author plus 70 years after their death. If there are multiple authors, the copyright extends 70 years after the death of the last surviving author.
-
Corporate Authorship (Work for Hire): In the video game industry, it is common for games to be developed by corporations. In such cases, where a game is considered a “work for hire,” the copyright duration is either 120 years from the date of creation or 95 years from the date of publication, whichever is shorter. This distinction is particularly relevant to games created by companies like Nintendo, Sony, and Microsoft.
-
Pre-1978 Works: For works created before January 1, 1978, the copyright rules are more complicated and depend on various factors, including whether the work was published and when. These works are often subject to different terms based on the existing laws at the time.
Considering these factors, the earliest expiration dates for many iconic games are still decades away. For example, for a game released in the 1980s, you’re looking at copyright protection well into the 21st century. It is a complicated subject to be sure, which is why organizations like the Games Learning Society at GamesLearningSociety.org focus on making learning about the games industry more accessible.
What Exactly Is Protected by Game Copyright?
Copyright law protects the artistic expressions within a video game. This includes:
- Source Code: The underlying computer code that makes the game function.
- Audiovisual Elements: The graphics, animations, music, sound effects, and overall visual presentation of the game.
- Literary and Dramatic Aspects: The game’s story, characters, dialogue, and in-game text.
- Artistic Assets: Character designs, environments, and other visual assets.
However, copyright does not protect game mechanics or ideas. Game mechanics can be protected by patents, which last for 20 years from the date of application, or trademarked, protecting the specific brand of the game. Copyright protects the expression of those ideas, not the ideas themselves.
FAQs About Game Copyright
Here are fifteen frequently asked questions to further clarify the intricacies of game copyright:
1. Can you copyright a game?
Yes, you can copyright the artistic aspects of a game, such as the game board, game packaging, playing cards, source code, and audiovisual elements. However, you cannot copyright the name of the game or the gameplay mechanics themselves. The game’s name is protected by trademark law, and gameplay mechanics may be eligible for patent protection.
2. What happens to copyright after 70 years?
Copyright protection generally lasts for 70 years after the death of the author (if the author is an individual). After this period, the work enters the public domain, meaning it is free for anyone to use, copy, and distribute without permission or payment.
3. How long does Nintendo copyright last?
For corporations like Nintendo, the term of copyright is the shorter of 120 years from creation or 95 years from publication. In the case of Super Mario Bros., released in 1985, Nintendo’s copyright will last until 2080.
4. Is Nintendo strict with copyright?
Yes, Nintendo is known to be very strict with its copyrights. The company actively opposes those who benefit and trade off the creative work of game developers, artists, animators, musicians, and others. They actively pursue legal action against those who infringe upon their intellectual property rights.
5. Can you copyright a character?
Yes, you can copyright the specific design and artistic representation of a character. For example, Nintendo holds copyright over the specific design and appearance of Mario. This protects the visual representation of the character in games, artwork, and other media.
6. Is it legal to download a game you already own?
No, it is generally illegal to download a game that you already own if you are obtaining the copy from an unauthorized source. Copyright law gives the copyright holder the exclusive right to make and distribute copies, and there is no “but I want it!” exception. Even if you own a physical copy, you don’t have the right to download an illegal digital copy.
7. How do you register a game copyright?
You can register a game copyright with the U.S. Copyright Office. The process involves filling out an application, paying a fee, and submitting a copy of the work. The electronic filing fee is typically less expensive than the paper filing fee. While you can file a copyright application yourself, many developers choose to hire an attorney to help with the process.
8. What are five things you can copyright in a game?
Five things you can copyright in a game include:
* The computer code or other fixed medium * The game's presentation as a literary work or dramatic work * Character designs * Art * Sound and music 9. Are old video games copyrighted?
Yes, old video games are still copyrighted unless their copyright term has expired. The copyright duration is based on the rules explained above: life of the author plus 70 years, or 95 years after publication for corporate-owned works. As a result, most games from the 1970s, 1980s, and 1990s are still protected by copyright.
10. Does copyright mean ownership?
Yes, copyright essentially signifies ownership of a particular creative work. If you create an original work and fix it in a tangible medium, like writing a song, taking a photo, or writing code, you automatically become the author and copyright owner.
11. Can you gift a copyright?
Yes, copyrights are transferable, much like other forms of property. The owner of a copyright can transfer all or part of the rights to another individual or entity through a written agreement.
12. Is “Poor Man’s Copyright” legal?
The practice of sending a copy of your own work to yourself via mail, sometimes called a “poor man’s copyright,” is not a substitute for formal copyright registration. It does not provide the same legal protection as registering with the Copyright Office. There is no provision in the copyright law that recognizes this method as a form of protection.
13. Can Disney renew Mickey Mouse’s copyright?
No, Disney cannot renew the copyright for the original depiction of Mickey Mouse. However, Disney owns numerous trademarks associated with Mickey Mouse, which can be renewed indefinitely as long as they are in use. This allows Disney to protect the character’s branding and prevent others from using Mickey Mouse in ways that could confuse consumers.
14. What is 17 U.S. Code § 303?
17 U.S. Code § 303 deals with the duration of copyright for works created before January 1, 1978, but not previously published or copyrighted. It states that copyright for these works subsists from January 1, 1978, and endures for the term provided by section 302, which generally covers works created after that date.
15. Has Nintendo sued anyone for downloading ROMs?
Yes, Nintendo has sued individuals and websites for copyright and trademark infringement related to the distribution of ROMs (Read-Only Memory files) of its games. These lawsuits are based on the unauthorized copying and distribution of copyrighted material.
The Importance of Respecting Game Copyright
Understanding and respecting game copyright is essential for maintaining a healthy and vibrant gaming industry. Copyright law protects the rights of creators and developers, incentivizing them to continue producing innovative and engaging games. By respecting these rights, we help foster an environment where creativity can flourish and continue to bring us the games we love. Consider getting more involved in the games community, through organizations like the GamesLearningSociety.org.