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Copyright 101: Unlocking the Secrets of Video Game Protection

Writer's picture: Amy NAmy N

Ever wondered what parts of your favorite video game are wrapped up in the protective blanket of copyright? Let's break it down in a way that’s as straightforward as leveling up in "Super Mario." No cheat codes are needed!


Cre: DALL-E


First up, what gets the golden copyright star? Picture your game like a pizza. The sauce, cheese, and toppings are all the creative elements—graphics, storyline, characters, music, and even that catchy dialogue. Each of these bits gets its own copyright protection. So, the awesome dragon slaying scene in "Elden Ring"? Protected. The music from "The Legend of Zelda"? Protected. Even that quirky NPC dialogue that makes you laugh? Yup, you guessed it—protected.


Now, what about the stuff that’s left out in the cold? Think of the game’s underlying mechanics like the dough of your pizza. The basic rules and systems, like the jumping mechanic in "Mario" or the turn-based system in "Final Fantasy," are more like recipes. Everyone can use them without infringing on anyone else’s copyright. So, if you’re dreaming of creating your own platformer with a double-jump feature, go for it! Just don’t copy Mario’s red cap and mustache.


Let’s get real with some examples. "Fortnite" can copyright its unique dances, graphics, and storyline. But the basic concept of a battle royale game? That’s up for grabs. "Minecraft" protects its pixelated art and music but not the idea of an open-world sandbox where you can build anything.


Here’s where it gets a bit trickier: Should we treat video games more like audiovisual works or computer programs? While scholars and lawyers might debate this, the practical takeaway is that each component of a video game is protected if it meets the basic copyright requirements—originality and fixation in a tangible medium. So, whether it's the unique character designs, the epic storyline, or even the code that makes your hero jump, if it’s original and fixed, it’s protected.


So, while you can't nab the iconic “It’s-a me, Mario!” catchphrase, you can certainly design your own game around the idea of rescuing a character. Keep it fresh, keep it original, and your creativity will be as protected as Link's Triforce.

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