Brandon J. Huffman

Brandon is the founder of Odin Law and Media. His law practice focuses on transactions and video games, digital media, entertainment and internet related issues. He serves as general counsel to the International Game Developers Association and is an active member of many bar associations and community organizations. He can be reached at brandon at odin law dot com.

EU Approves Copyright Directive

This month, the European Parliament voted in favor of the Copyright Directive, a piece of legislation intending to update online copyright laws. The apparent goal of the Directive on Copyright in the Digital Single Market is to hold platforms with user content, like YouTube and Facebook, liable for copyright infringement. Or in the video game …

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The First Amendment and Video Games – Part 3: Protected v. Unprotected Speech

What does the First Amendment Protect? In terms of speech only (the First Amendment protects a lot that isn’t speech), the First Amendment protects “expression.” It does not protect anything that is not expressive. Expression does not have to be words. For example, the Supreme Court has ruled that video games (even if they do not …

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The First Amendment and Video Games – Part 2: First Amendment Basics

What does the First Amendment say? The First Amendment to the U.S. Constitution reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for …

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The First Amendment and Video Games – Part 1: Introduction

Background Recently, I gave a presentation on video games and the First Amendment at Casual Connect USA. It focused on the importance of pushing boundaries and resilience in the face of adversity. You can see the entire presentation, here: I tried to cover a lot of material in 20 minutes. I didn’t cover everything. Soon, …

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Valve’s content policy and the First Amendment

Back in May, Valve changed its content policy to crack down on visual novels containing adult content. Just a few weeks later, Valve again changed its policy to allow anything that isn’t “illegal” or “straight-up trolling.” This led many developers and consumers down a rabbit hole of questions surrounding what Valve’s role should be in …

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What’s up with the DMCA fight over defunct online games?

If you’ve been paying attention, you may have seen press coverage of the Entertainment Software Association’s opposition (PDF) to a proposed change to the Digital Millennium Copyright Act. So, what is ESA arguing about? Who are they arguing with? Why is this happening? The short version: A “museum” petitioned the copyright office to change the rules …

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What to do if your video game art is being used in advertisements without your permission

Recently, this article posted on Polygon outlining the many commercial uses of the iconic watchtower image from Firewatch. These uses were not authorized by Campo Santo, the developer, which leads to the question: what do you do if you find yourself in this situation? First, pat yourself on the back. You made something so good …

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