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Multiple EU directives have been issued related to copyright that affect video games, but at the core, the Computer Programs Directive of 1991 provide for copyright protection of video games in their source code and all its constituent parts in its fixed format, such as on an optical disc or printed circuit. The audio, visual and other creative ...
The earliest video game case law had protected the designs in Galaxian and Pac-Man. But later cases such as Data East USA, Inc. v. Epyx, Inc. found that it is permissible to make a video game clone with similar ideas and principles as another game, since copyright does not protect an idea, only the specific expression of that idea. A trial ...
The first video game cases raised the issue of whether a video game's graphics counted as a fixed work, an essential first step for copyright protection. Courts consistently ruled for the plaintiffs, that copyright indeed protected games as audiovisual works, more than protecting the underlying code. [2]
The lawsuit was part of a trend of "knock-off" video games in the early 1980s, with courts recognizing that a video game can qualify for protection as a copyrighted audiovisual work. Both Galaxian and Pac-Man were bestselling games in the early 1980s, with Pac-Man generating over $1 billion in revenues, as well as sequels, merchandising, and a ...
Nintendo is one of the largest video game publishers in the world, producing both hardware and software. Since the release of the Nintendo Entertainment System in 1985, the company has generally been proactive to assure its intellectual property in both hardware and software is legally protected.
The University of Pennsylvania Law Review has noted the ruling as one of the earliest and leading cases where the court found copyright infringement in a video game. [7] Loyola of Los Angeles Entertainment Law Review also cites it as the first federal appellate court to conclude that a video game qualified for copyright as an audiovisual work. [13]
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Stemming from the publishing of several Sega Genesis games by video game publisher Accolade, which had disassembled Genesis software in order to publish games without being licensed by Sega, the case involved several overlapping issues, including the scope of copyright, permissible uses for trademarks, and the scope of the fair use doctrine for ...
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