Video game in the system of intellectual property: the concept and features of legal protection

2021 ◽  
pp. 57-66
Author(s):  
Anatolii Kodynets ◽  
Arsen Murashko
Keyword(s):  
Intellectual Property ◽  
Video Games ◽  
Property Rights ◽  
Computer Program ◽  
Intellectual Property Rights ◽  
Video Game ◽  
Regulatory Function ◽  
Digital Information ◽  
Electronic Information ◽  
Audiovisual Work

Keywords: video game, intellectual property law, computer program, software, digitalinformation, electronic information, multimedia work, audiovisual work The article is devoted to thestudy of the legal understanding of video games as an object of intellectual propertyrights. The author concludes that video games constitute digital information, whichgreatly facilitates their development, however, complicates the protection of intellectualproperty rights. There is a contradictory connection between the concepts of«electronic (digital) information», «audiovisual work», «computer program» and «literarywork», which establishes some uncertainty in the protection of video games,namely, what should be understood by these concepts in terms of law.The author found that the use of the latest technologies to improve the visual componentbrings the video game even closer to the game audiovisual object, which increasesthe complexity of the process of protection of intellectual property rights. However, thecurrent situation with the use of the term «computer program» in the context of protectionof intellectual property rights to video games does not cover all features of the latter,covering only the main program among the software recording and operation of thegame, such as audiovisual content. Therefore, there is a need to use the generalized conceptof «software» as opposed to the narrower concept of «computer program». In thiscase, in the absence of at least one of the characteristics of the multimedia work, the computerprogram should be referred to the scope of legal regulation of software.The author proposed to understand the video game as object of intellectual propertylaw in the following manner: multimedia work expressed in the form of digital(electronic) information, the principle of which is determined by the algorithms of thesoftware provided for installation in the memory of computer devices.In general, the digital nature of video games presupposes a revision of existing approachesto the protection of intellectual property rights, which may be aimed atweakening the regulatory function of the law where it is possible to regulate the relationshipby more flexible means.

Information Ownership in the Cloud

2021 ◽  
pp. 145-176
Author(s):  
Chris Reed
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Physical Object ◽  
Legal Rights ◽  
Digital Information ◽  
Confidential Information ◽  
Database Right ◽  
The Law ◽  
Types Of Information

This chapter discusses information ownership in the cloud. The law has struggled with ownership of digital information precisely because it is no longer recorded in permanent form on a physical object which can be owned. The law attempts to solve this problem by creating legal rights in some types of information, in the form of intellectual property rights. However, intellectual property rights are highly limited in scope in order to prevent the monopolisation of information. Thus, disputes over information ownership, and negotiations involving transfer of digital information, can be surprisingly difficult to resolve. The chapter then looks at copyright, database right, and the protection of confidential information. It shows that owning property rights in information, most likely copyright and database right, has little importance in terms of the cloud relationship. Cloud computing does, however, create some risks to confidential information because each player in the cloud is handing over some element of control to other players.

scholarly journals Repeatency as a qualifying feature of crimes affecting the objects of intellectual property rights

2020 ◽  
Vol 2 (2) ◽  
pp. 158-162
Author(s):  
Oksana Korotiuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Code ◽  
Musical Work ◽  
Previous Edition ◽  
Audiovisual Work ◽  
Objective Side ◽  
Acts 2

The article reveals the peculiarities of repeatency as a qualifying feature of crimes affecting the objects of intellectual property rights. The analysis made it possible to conclude that the repetition of socially dangerous encroachments on objects of intellectual property rights takes place in the case of: a) committing certain socially dangerous acts on the same object of intellectual property rights two or more times (for example, repeated illegal publication of the same work after the sale of the previous edition); b) committing certain socially dangerous acts on different objects of intellectual property rights, which are defined in the same article (part of article) of the Criminal Code, two or more times (for example, committing illegal reproduction of one work, and then committing illegal reproduction of another work); c) committing two or more different separate socially dangerous acts (actions whose objective side is different) in relation to the objects (object) of intellectual property rights, which are defined (which is defined) in the same article (part of article) of the Criminal Code (for example, illegal reproduction of the work and its illegal distribution). The conclusion is that presence or absence of a sign of repeated encroachments on the objects of in-tellectual property rights depends on the following factors: 1) the number of committed socially dangerous acts; 2) the number of objects of intellectual property rights that are negatively (criminally) affected. At the same time, the infringement of several objects of intellectual property rights does not always indicate the recurrence of crimes. For example, encroachment on an object of related rights, which simultaneously results not only in violation of the holder's right to the object of related rights (audiovisual work), but also in violation of the rights of the author of the text and / or musical work. However, several people (copyright and related rights) are affected by this event.

scholarly journals Creative industries and the IPR dilemma between appropriation and creation: some insights from the videogame and music industries

2010 ◽  
Vol 14 (3) ◽  
pp. 59-72 ◽  
Author(s):  
Laurent Bach1 ◽  
Patrick Cohendet2 ◽  
Julien Pénin3 ◽  
Laurent Simon4
Keyword(s):  
Intellectual Property ◽  
Video Games ◽  
Property Rights ◽  
Open Source ◽  
Intellectual Property Rights ◽  
Creative Industries ◽  
Creative Work ◽  
Creative Commons ◽  
Strategic Role ◽  
Collective Process

Intellectual property rights (IPR) play a strategic role in creative industries. Defined as a collective process, creativity involves actors with contradictory IPR needs. This leads to an “IPR dilemna”. Firms are looking into appropriating creative work and prevent imitation; whereas creative communities need a weak IPR to combine past work and generate novelty. It becomes problematic for individuals to find themselves between these two. As a result, actors are developing specific IPR arrangements (e.g. open source and creative commons practices) to preserve the balance between appropriation and openness allowing creation. Two creative industries are used as illustrations: music and video-games.

scholarly journals LEGAL PROTECTION OF COMPUTER PROGRAMS AS OBJECTS OF INTELLECTUAL PROPERTY RIGHTS

2019 ◽  
pp. 31-35
Author(s):  
Y.S. Kanarik ◽  
B.B. Sergienko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Computer Program ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Computer Programs ◽  
Patent Law ◽  
Relevant Today ◽  
The 1960S ◽  
Almost All

The article examines the legal protection of computer programs as intellectual property rights. The analysis of theoretical and practical aspects of the existing system of protection of the computer program according to the rules of copyright is carried out and the possible ways of its improvement in accordance with the current conditions. As many scientists, in particular, Kirin R, S., Tarasenko L.L., Efremova T.F., emphasize the imperfection of the legal protection of this object of intellectual property rights, the possible ways of improving the legislative protection of computer programs in accordance with to the needs of today. We identify the strengths and weaknesses of the various legislative protection systems that are relevant today or those that could theoretically be applied to protecting computer programs. Particular attention has been paid to the emergence and development of the legal protection of computer programs in general since the 1960s. It has been revealed that from the very beginning, the legal protection industry has relied on various systems of protection, including copyright and patent law, and so on. In the future, with the development of intellectual property rights, in almost all states, a system for protecting computer programs as literary works has been adopted. However, in the current context, such legal protection is ineffective. And the more useful a computer program is, the more vulnerable it to copying. That is why the prevalence of unlicensed versions of computer programs is analyzed. So, about 85% of the population were found to be using, at least one, illegal copy of computer programs. The main reasons for this phenomenon are the perception of intellectual property rights as a free resource, as well as fragmented, imperfect action by the state to identify and eliminate this type of offense. Due to the urgency of the problem, the authors have proposed various options for protecting computer programs: in particular, the traditional protection of a computer program as a copyright object; protect your computer program by patent law. However, only if the program is part of a utility model or invention; protecting your computer program name as a trademark, etc. Keywords: computer program, copyright, patent, source code, object code.

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