This chapter examines the legal attribute of VGs. First, it discusses and compares the pros and cons of the four key copyright protection models for VGs on a global scale: the computer program model, the audiovisual or cinematographic work model, the distributive protection model and the multimedia work model. Next, it explores the current status and drawbacks of the copyright protection model for VGs in China. In-depth analysis reveals that categorizing VGs is not a prerequisite for copyrightability; however, it is a necessity in dispute resolution. The chapter also finds that the degree of interactivity between VGs and end users does not affect the legal attribute of VGs, although strong intervention may allow gamers to create new works. It concludes with a statement on the importance of distinguishing VGs from computer programs and audiovisual works and of protecting them as a new type of copyrightable works irrespective of whether they can be protected as “other intellectual creations” under the miscellaneous provisions of copyright laws. Besides, the chapter proposes a hybrid protection model for VGs, that is, an amalgamative regime for the protection of audiovisual works and computer programs. The significance of this model is also indicated by its protection of game mechanisms or the expression of game rules, as discussed in the following chapter.

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Piercing the Veil: Video Games’ Legal Attribute

  • Zhaoxia Deng

摘要

This chapter examines the legal attribute of VGs. First, it discusses and compares the pros and cons of the four key copyright protection models for VGs on a global scale: the computer program model, the audiovisual or cinematographic work model, the distributive protection model and the multimedia work model. Next, it explores the current status and drawbacks of the copyright protection model for VGs in China. In-depth analysis reveals that categorizing VGs is not a prerequisite for copyrightability; however, it is a necessity in dispute resolution. The chapter also finds that the degree of interactivity between VGs and end users does not affect the legal attribute of VGs, although strong intervention may allow gamers to create new works. It concludes with a statement on the importance of distinguishing VGs from computer programs and audiovisual works and of protecting them as a new type of copyrightable works irrespective of whether they can be protected as “other intellectual creations” under the miscellaneous provisions of copyright laws. Besides, the chapter proposes a hybrid protection model for VGs, that is, an amalgamative regime for the protection of audiovisual works and computer programs. The significance of this model is also indicated by its protection of game mechanisms or the expression of game rules, as discussed in the following chapter.