21 Dec 2017

IGIR lunch seminar by Xiao Wang on “Copyright Law and the Proliferation of Game Clone in China”

Game clone is a common phenomenon in videogame industry. In China, the booming of videogame industry results in the proliferation of game clone, which makes more game developers seek copyright protection for their games. However, when handling with that situation, problems exist in the law and legal practices, including the protectability of videogame, the subject matter, the rights that may be infringed by game cloning, and the ways of deciding infringement related to clone games.

This research will firstly define “game clone” from a factual perspective and then give analysis on that from a legal perspective by making reference to both the guidance from international copyright treaties and the legal experiences from US and EU. The aim of this research is to provide possible solutions to those problems. 

This presentation gives insights on how the issues related to game clone are handled with under both the international and national frameworks. Under the international framework, this presentation considers whether a videogame is protectable, what kind of work it can be, the act of game cloning may fall into the scope of what kind of rights, and whether the game clone is related to the protection of technological measures. Under the national framework, this presentation gives analysis on how the concepts like idea/expression dichotomy, originality, and substantial similarity are applied to the videogame under the legal practices in US and EU.