Video Game Law

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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Do I need a commercial license to use games for an Internet Cafe?

Thinking of opening an Internet café/cybercafé? Be prepared to learn about the exciting world of commercial licensing! In order to legally offer a physical location where others will access content like video games (whether they pay for them or not), you must purchase commercial licenses of games. What is a commercial license? When you buy …

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Does my game need a privacy policy?

There are many legal requirements that companies, especially game and digital media companies, must adhere to in this day and age. One question that comes up often is whether game companies must have a privacy policy on their website. What is a privacy policy? A privacy policy is a document that explains what personal information …

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Who owns my game mod?

Modding, the act of creating extensions within games and other platforms, is popular in the video game scene. What is a game mod? A game modification, or game mod, alters how a video game may look or behave. Mods are intended to extend and expand gameplay and modders are the individuals or communities that provide these …

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Are Let’s Play videos legal?

Let’s Play videos (or LP videos for short) have grown significantly over the past few years as more and more gamers play PC games (or play console games on ROMs) and have easy access to screen capture and video editing software. But are they legal? Let’s discuss. What’s a Let’s Play video? A Let’s Play …

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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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Why should I create a corporation or LLC for my video game studio?

If you’re starting your own video game studio, you might be inclined to just hit the ground running without extra thoughts to the legal structure and framework of your business. Naturally, I’m biased against this approach. Here’s a short overview of why you should consider forming a corporation or a limited liability company (LLC) before you …

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