Playing by the Rules: Exploring the Challenges to Copyright Protection faced by Video Game Publishers

Sammanfattning: The intellectual property regime within the European Union is one which has a rich and lengthy history, encompassing a wealth of forms of expression. The harmonisation of copyright can be dated to the creation of the Berne Convention for the Protection of Literary and Artistic Works of 1886. Video games, in comparison, only joined the cultural zeitgeist in the mid-20th century. In the pursuing years their popularity has exploded, becoming one of the most widely consumed forms of digital media. As their popularity as grown, so too has the industry that surrounds their creation and production. For the publishers of these games the protection of their intellectual property rights in relation to these games is of the utmost importance. Copyright within the EU has not developed as rapidly, however, and much of the legislation must be interpreted widely to encompass video games, as their nature as multimedia works comprised of computer works and artistic works places them both between the complete application of the current directives. Within the expanding digital landscape, there are a number of phenomena within the world of video games that have challenged the copyright held by publishers, notably the burgeoning eSports industry and the creation of user generated content. This thesis will examine the difficulties that exist in an industry with few comprehensive legal definitions, which is in a constant state of advancement.