Title: Protecting Game Copyrights: A Shared Responsibility
Hotness, attracting attention, and the swift conversion of interests are both fast and risky. Apple’s CEO, Tim Cook, even praised the game “Genshin Impact.” It has become one of the cases discussed in the “Today’s Law” session by the Shanghai Xuhui District People’s Court. Yesterday, the Xuhui District held a discussion on the protection of game industry copyrights and the promotion of game industry development, focusing on strengthening the foundation of copyright protection to support the growth of the industry.
In this case, the defendant was a “YouTuber.” Season, Shi, and Bai uploaded videos of the game “Genshin Impact” on a platform, featuring the unreleased character “Firaga Wenye.” MiHoYo Technology Co., Ltd., the developer and operator of the original role-playing game “Genshin Impact,” which is globally popular, has also become one of the most influential game companies in China and the world. MiHoYo holds the copyrights to the software, the character image, clothing, and the continuous visual effects presented during the game’s operation.
In these three cases, the game “Firaga Wenye” character image was released before it appeared on a website where game “YouTubers” had uploaded related videos without permission. These actions infringed on MiHoYo’s information network right to the “Firaga Wenye” character. After the trial, all three were ordered to compensate for the plaintiff’s losses and reasonable expenses. Intellectual Property Court Chief Judge Wang Luming explained, “Works such as music, images, and text can be independently constituted in games. Characters with excellent designs and originality, which are essential for game commercialization, can have significant market value.”
Image: Firaga Wenye
In addition to “Genshin Impact,” games like “Overwatch” have also frequently encountered such issues. People joke that “The Four Game Kings of Shanghai” are in Xuhui. Indeed, this area is home to a cluster of key cultural and creative enterprises, ranging from content to technology and copyright. Between 2012 and 2022, the Xuhui District saw 11 units awarded the Shanghai Copyright Advantaged (Demonstration) Units, and 3 parks awarded the Shanghai Copyright Advantaged (Demonstration) Parks.
To protect them, a “wall” must be reinforced. From 2018 to March 2023, the Xuhui District People’s Court received 33 cases of intellectual property disputes related to online games, with the number of cases showing a steady upward trend.
Yesterday, the government, industry experts, and service providers shared content on policy interpretations, case analyses, registration practices, and service introductions. The Xuhui District Culture and Tourism Bureau and the Xuhui District Intellectual Property Bureau, along with game companies like Lilie Games and MiHoYo, jointly signed the “Game Copyright Industry Initiative Letter.” The letter calls on game industry professionals across the country to strive to create a healthy and orderly game copyright environment, promoting an atmosphere of innovation and respect for creation, and continuously enhancing the credibility of the game industry. This will help drive the sustainable development of the gaming industry.