[Consultation] Review of copyright infringement and game similarity related to mobile games.

Law firm Veat conducted a review regarding mobile game copyright infringement and game similarity issues.

A, a mobile game developer, contacted us worried about issues such as “copyright infringement due to prior game works and similarity” before launching its mobile game in the market and releasing it.

Therefore, Veat analyzed the contents of the game A was planning to produce and prior game works, and comprehensively reviewed ▲ “Copyright Act” and ▲ judgments regarding the actual similarity between game works, etc. During this process, we focused on reviewing the actual similarity of the basic game rules themselves, various elements combined organically to implement game, and the actual similarity of the game itself.

Initially, the court took the position that if the game rules were created by reflecting elements used in previously created games, it would be considered creative and would not recognize copyrightability, but it would focus on comparing the expression of detailed components such as characters and interfaces to determine the actual similarity and copyright infringement between game works. However, recently the Supreme Court ruled that even if the creativity of the game rules themselves is not recognized in mobile games, if the detailed components are selected and combined organically to create a game, the actual similarity would be recognized if the game itself is similar, showing a forward-looking attitude by slightly expanding the protection scope of game works (Supreme Court Decision of June 27, 2017, No. 2017da212095).

As this precedent, which has presented the main criteria for judgment in copyright infringement cases regarding game works, is also significantly influencing the production of game works and related copyright infringement issues.

Law firm Veat provides solutions that are appropriate for “Copyright Act” and related precedents and trends based on our experience in resolving numerous copyright infringement disputes and providing legal advice to game startups and companies.

If you need legal review regarding mobile games and legal advice related to copyright, please feel free to contact us at Contact Us.

Thank you.