This study examines the authorship forms, copyright protection scope, and infringement issues in the video game industry. As a composite work, video games integrate multiple creative elements, such as planning, programming, visual design, music, and narrative structure. Defining the scope of copyright protection is crucial for safeguarding creators’ rights and fostering innovation. The research first analyzes the division of labor in game development and the corresponding forms of copyrightable works. It then explores the definition of plagiarism and its application to game mechanics and visual elements. To provide a practical perspective, this study examines key domestic and international legal cases, including Taiwan’s Poseidon case, the U.S. Atari, Inc. v. Amusement World, Inc., and China’s Crazy Arcade case. These cases illustrate judicial interpretations of infringement, focusing on the substantial similarity test and the idea-expression dichotomy. The findings indicate that while game mechanics fall within the realm of ideas and are not copyrightable, specific expressions are legally protected. Additionally, the study highlights fair use and intellectual property strategies as crucial tools for preventing infringement and protecting creative works. Finally, it offers practical recommendations, such as strengthening intellectual property awareness among industry professionals, improving evidentiary capabilities, and enhancing corporate IP management. These measures aim to support the sustainable growth of the gaming industry and foster a more effective relationship between legal frameworks and industry practices.

Authors:
Yan-Xuan Miguel Xiao, National Taipei University of Technology, Taiwan

About the Presenter(s)
Yan-Xuan Miguel Xiao is currently an Instructor at College of Humanities, Arts, and Social Sciences, National Yang Ming Chiao Tung University, Taiwan.

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