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УПРАВЛЕНИЕ В СОЦИАЛЬНО-ПОЛИТИЧЕСКИХ СИСТЕМАХ
УДК 347.78
COPYRIGHT PROTECTION IN THE FIELD OF VIDEO GAMES
Esherkina L.V., South Ural Institute of Management and Economics Krygina E. I., South Ural Institute of Management and Economics
Abstact
The article is devoted to the problem of copyright protection in the field of video games; different kinds of them are considered, and ways of their achievement are examined.
Keywords: copyright protection, authorship, copyright owner.
Nowadays, the problem of copyright protection for video games is especially acute in connection with the rapid development of our society, in the context of a growing demand for intellectual property in the video game market. This article discusses the main tools of copyright protection in the field of video games, such as patent for the works of an inventor, a trademark: it studies the specifics of intellectual property rights in this area.
Protection does not automatically extend to intellectual property on the Internet and in the electronic age, and it is important for a person who designs and creates objects such as a video game to ensure a copyright guarantee.1
Video games are subject to the protection of the law, since they are of some interest, due to the fact that hundreds of companies enter the video game market every year, developing popular gaming applications for mobile phones and tablets. Particular attention in this area is given to copyright, licensing, and freedom of speech.
For game developers, especially small companies, it is important to understand the importance of documents that demonstrate either the originality of all elements of the game or the right to use any elements of a video game. Even with an appropriate license, it is important to protect your intellectual property product from encroachment by others.2
Intellectual property rights are at the core of the video game industry. They apply to both video game development tools and its content.
A computer game is an object of copyright as a work of art. However, from the point of view of the law, a computer game, by virtue of its specificity, is not an object of copyright, but is a complex object, which, in accordance with article 1240 of the Civil Code of the Russian Federation, recognizes the result of intellectual activity, which includes other equal objects of intellectual property, such as audiovisual works (including movies), theatrical and entertainment performances, databases and multimedia products.
In accordance with the foregoing, a computer game as an object of legal review is a multimedia product combining an audio-visual component, animation effects, music, etc.
Intellectual property rights must be established at the stage of creating the copyright object. So, in accordance with the legal order of a complex object, the person who participated in its creation (the gaming company) must conclude an agreement with the copyright holders of this intellectual property object. This must be done in order to acquire a full range of rights to a complex object.
For example, when developing a computer game, the company used the services of a web designer, screenwriter, composer, who created each of their own results of intellectual activity. In
this regard, the company must conclude an agreement with each of them to transfer to it exclusive rights to the object of their creative activity. Only in this case, the game company will become the sole copyright holder for this complex object.
The following intellectual property objects can be considered as components of a computer game as a complex object of copyright: a script as a type of literary work, music and sound accompaniment used only for this game, computer graphics, including the entire visual series as a whole, character animation, special effects, character dubbing, a type of execution, computer programs already existing or created in the process of developing this game.
In accordance with article 1240 of the Civil Code of the Russian Federation, the authors of the corresponding elements of a complex intellectual property object retain personal non-property rights: authorship, name, and inviolability of the work. In case of encroachment on the whole object and distortion of one of its components, the authors may claim compensation for moral damage.3
Copyright holders on elements of a complex object, such as a computer game, retain certain exclusive rights to their creative objects under the contract and can use them, making a profit. For example, Akira Yamaoka, the Japanese composer and author of the soundtrack for the Silent Hill game, is touring the world performing musical compositions from this video game.
Video games can be created on the basis of an existing intellectual property. So, when developing a video game as a derivative of a work of art such as a movie, game developers need to obtain a license from the copyright of the film. An example of a derivative product is the Shrek video game, which was based on the plot of a popular full-length animated film.
The fact of copyright in a video game can work in the opposite direction. Currently, there are examples of creating films based on popular computer games, for instance, the film "Warcraft", filmed according to the plot of the massively multiplayer online role-playing game "World of Warcraft", the film "Doom" as an adaptation of the eponymous game. In this case, the filmmakers should also get rights from the owners of the original work of art - video games.
Copyright provides significant benefits for video game developers:
- it arises not from the moment of registration, but from the moment of creation of an intellectual property product;
- copyright rights have a long term of protection - throughout the life of the author and within 70 years after his death;
- copyright arising in one country automatically receives international protection;
- upon registration of rights, the intellectual property product is deposited, which excludes access to the code to third parties, except in special cases of forensic examinations and expert checks.
However, there are a certain number of disadvantages of this approach. In addition to computer code protected by copyright, video games also have algorithms, special ways of executing code that are not protected by copyright, but can be protected with patents. There are a variety of devices for controlling the game (e.g. consoles), which can be protected as inventions and industrial models. The criteria of novelty and industrial suitability are used to identify utility models; the above criteria are used to identify inventions, as well as the presence of an inventive beginning.
The following standard tools are also used to protect intellectual property, such as a patent for the works of an inventor, a trademark. Patents are used to protect copyrights to hardware, to new technical solutions, to advanced elements of a video game, its design, etc.4
A patent is granted if the properties of the game interface were expressed in the form of original combinations, and were not used in other video games earlier, an example is the use by developers of unique combinations of audio-visual effects, graphic and technological components.
Unfortunately, the disadvantages of patenting include the fact that in order to obtain a patent it is necessary to publish information about the invention, for example, for examination. This means that access to the game code or new technological solutions will be open to third parties. Also, patenting an object in one country does not guarantee its international protection - a patent must be obtained in each country in which the game will be distributed.
Trademarks protect the names and logos of video games and are used to position a specific game company, as well as the games it develops. A prerequisite is the registration of a trademark in the name of the game, as well as in visual images of the characters of the game, prequels of the game (films chronologically preceding the previously created game and the storyline associated with it) and sequels of the game (continued, next parts of the game), some phrases and sounds associated with the game or development company. The domain name also needs protection: in order to avoid troubles with cybersquatting (registration of domain names containing a trademark owned by another person for the purpose of their further resale or unfair use), it is necessary to register a separate trademark for the domain. However, the trademark, like patenting, has the same drawback - it must be registered in each individual country.5
The lack of rights and license agreements can lead the development team to problems associated with the sale of the game and the receipt of income from its intellectual product. As a result, intellectual property rights are the main condition for the implementation of the results of the intellectual work of gaming companies, which needs reliable protection.
Thus, copyright protection is one of the most effective and necessary means in the modern information society to achieve justice in the corresponding intellectual world.
Примечания
1 Авторские права на компьютерные игры: главные особенности. [Электронный ресурс]. - URL: http://copylegal.ru/ip/intellektualnye-prava-na-kompyuternye-igry/
2 Архипов, В.В. Интеллектуальная собственность в индустрии компьютерных игр: проблемы теории и практики//Закон. - 2015. - N11. - C.61-69. [Электронный ресурс]. - URL: https://base.garant.ru/57294056/
3 Гражданский кодекс Российской Федерации (часть четвертая) от 18.12.2006 № 230-Ф3 (в ред. от 18.07.2019) // [Электронный ресурс]. - URL: http://www.consultant.ru/document/cons_doc_LAW_64629 /e074d06dd4e5b8c9a4c969a84d6521e8bb172928/
4 Чурилов, А. Охрана базы данных в России и за рубежом//ИС. Авторское право и смежные права. - 2018. - N 6. [Электронный ресурс]. - URL: http://superpressa.ru/index.php?option=com_content&view =article&id=890%3A-6-2018&catid=67%3A2018&Itemid=111
5 Правовая природа компьютерных игр. [Электронный ресурс]. - URL: https://buhgury.ru/pravovaya-priroda-kompyuternyx-igr.html
ЗАЩИТА АВТОРСКИХ ПРАВ В ОБЛАСТИ ВИДЕОИГР
Ещеркина Л.В., ОУ ВО «Южно-Уральский институт управления и экономики» Крыгина Е.И., ОУ ВО «Южно-Уральский институт управления и экономики»
Аннотация
Статья посвящена проблеме защиты авторских прав в области видеоигр. Рассматриваются их различные виды, и исследуются способы их защиты.
Ключевые слова: защита авторских прав, авторство, правообладатель.
