Are Video Games Protected By Copyright?

Are video games protected by copyright?

Yes. While this may seem obvious now, it was the subject of the 1982 case Williams Electronics v. Artic International [*1]

What happened in Williams Electronics v. Artic International?

Williams Electronics owned multiple copyrights for the videogame “Defender.” Artic made an identical copy of Defender and marketed the game under the title “Defense Command.” Williams Electronics sued for copyright infringement.

What was Artic’s argument?

Artic’s argument was very technical and very legal. They argued that a creative work must be "fixed" under Copyright law. Specifically, the Copyright Act requires that a work be “sufficiently permanent or stable to permit it to be perceived, reproduced or otherwise communicated for a period of more than a transitory period.” [*2] Artic argued that since the video game image is constantly changing the image is not fixed, and therefore, not copyrightable.

What did the Court say?

Sorry, Artic. Images in video games are sufficiently fixed. While it is true the images in video games constantly change, the same images repeat over and over, and for this reason are sufficiently “fixed” for the purpose of copyright law. Video games are copyrightable.

What does this mean?

This case shows that the Courts are willing to take a liberal view on the term “fixed." This is important because it allows copyright law to protect newer technologies, such as video games.

[*1] Williams Electronics, In. v. Artic International, Inc. 685 F.2d 870 (3d Cir. 1982)

[*2] 17 U.S.C. Section 101