Can game screens be defined as cinematographic works in China?

By Albert Chen, Boss & Young
0
2548
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

2016 and 2017 are destined to be milestones in video game copyright protection in China judicial practice. In these two years, we have first seen an explicit and unified copyright definition over video game screens, namely the series of images preinstalled in the game program and displayed during game control. So, what is that definition, and why it is so important for the judicial practice and the video game industry in China? The author will make a preliminary analysis from past cases.

Defect in previous practice

Video games, including computer games, TV games and mobile games, are a complicated combination of various elements that at least includes pictures (figures and scene designs), cartoons, sound effects, dubbing, music and computer programs.

Once the above-mentioned elements are deemed “original”, they can respectively be categorized as the following copyright works:

  • Fine art works: pictures (figures, scenes);
  • Cinematographic works: cartoons;
  • Musical works: sound effects, music;
  • Oral works: dubbing; and
  • Computer software works: video programs.

Previous judicial practice looked at which aspects, or which works, could complete the definition of the video game in the copyright law.

Albert Chen
Partner and attorney-at-law
Boss & Young

Then we saw different propositions in the same types of video game infringement lawsuits, including targeting against fine art works, musical works, cinematographic works, oral works, computer software works, or against all of these works. The above proposition may mean that the rights owner is only protected in one “corner” of the entire works. For example, if fine art works was selected, then the rest of the elements like music, cartoons and computer programs would not be protected. So, how is it possible to protect the value, and the lawful rights contained in other parts?

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

Albert Chen is a partner and attorney-at-law with Boss & Young

Boss Young

Boss & Young

12th-15th Floor, 100 Bund Square, 100 South Zhongshan Road, Huangpu District, Shanghai
www.boss-young.com

Contact details:

Tel: +8621 2316 9090

Fax: +8621 2316 9000

E-Mail: chenbinyin@boss-young.com

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link