Legal protection of intellectual property in the video game industry

Legal protection of intellectual property in the video game industry

The video game industry is currently one of the most dynamic and innovative sectors within the field of digital entertainment. With revenues exceeding those of the film and music industries combined, and a constant pace of technological and narrative innovation, video games have become highly valuable cultural products. However, this value can only be preserved and enhanced through appropriate legal protection of the underlying assets.

This article explores, from a legal perspective, the key aspects to consider in terms of copyright, protectable elements, and contractual relations with the creators involved in game development.

Copyright in the video game industry

Video games are complex works that incorporate software, music, illustrations, scripts, characters, interactive mechanics, and, in many cases, audiovisual components. From a legal standpoint, this hybrid nature means that they can be classified as multimedia or composite works, with each part subject to its own specific protection regime.

Intellectual property law, both at national and international levels, grants protection to video games through copyright. This protection arises automatically from the moment of creation, without the need for registration, although registering the work—such as with the Intellectual Property Registry—is strongly recommended as evidence in the event of a dispute regarding authorship or ownership.

In this context, the individual or legal entity holding the rights may exercise exclusive control over the reproduction, distribution, public communication, and transformation of the video game, as well as of each of its components. This exclusivity allows for control over the commercial exploitation and the potential adaptation or development of derivative products, such as merchandising, thereby positioning intellectual property as a strategic asset within the industry.

What elements of a video game can be protected?

A video game, as a multifaceted creation, comprises elements that, depending on their nature, may be protected under various legal frameworks. Firstly, the source code and object code of the software are protected by copyright as literary works. This protection covers not only the lines of programming but also the game’s logical structure and functional architecture.

Visually, the graphics, illustrations, characters, environments, and animations are protected as artistic works. Their originality is essential for legal recognition, as is the identification of individual or joint authorship in the case of collaborative works. Similarly, musical components such as original soundtracks or sound effects fall under copyright as musical works, requiring licensing for their use, synchronization, or reproduction in other contexts.

The narrative dimension of the game—including the script, dialogues, and plot development—can also be protected as a literary work, granting authors exclusive rights over the textual content.

Beyond copyright, industrial property rights also play a significant role. Trade names, logos, iconic character names, or game titles can be registered as trademarks, preventing unauthorized third parties from using confusingly similar signs and preserving the commercial identity of the product in the market.

In cases where the development process involves novel technical solutions or original gameplay mechanics that meet the criteria of novelty, inventive step, and industrial applicability, patent protection may be considered. However, this remains limited in the sector and typically requires detailed technical and legal analysis.

It is also important to highlight the potential use of trade secret protection for specific aspects of development, such as algorithms, monetization models, or internal analytics data. To qualify as trade secrets, such information must be kept confidential and reasonable measures must be in place to ensure its protection.

Ultimately, the legal protection of a video game demands a comprehensive strategy that combines various legal mechanisms, adapted to the creative and commercial realities of each project. This approach is essential not only for safeguarding the developer’s interests but also for providing legal certainty to investors, distributors, and other stakeholders in the value chain.

Contracts with developers and designers

The development of a video game typically involves collaboration among various professionals, including programmers, designers, musicians, and writers. To ensure clear ownership of intellectual property rights, it is crucial to formalize detailed and well-drafted contracts with each contributor.

These agreements should include rights assignment clauses, specifying that the copyrights to the works created are transferred to the main developer or producing company. It is also advisable to incorporate confidentiality agreements to protect trade secrets, as well as penalty clauses to address potential breaches.

When third-party content is used—such as licensed music or external software—appropriate license agreements must be in place, clearly defining the conditions of use and avoiding potential legal conflicts.

An additional mechanism to safeguard the game’s software is the use of an escrow agreement. Through this arrangement, the developer deposits a copy of the source code with a trusted third party, ensuring business continuity in the event the rights holder exits the market.