DIGITAL TRANSFORMATION, SMES AND THE LEGAL STATUS OF VIDEO GAMES INTELLECTUAL PROPERTY IN THE DIGITAL ECONOMY FOR SMALL AND MEDIUM-SIZED ENTERPRISE (SMES) CONFERENCE IP AND INTERACTIVE ENTERTAINMENT (IE) DIGITAL TRANSFORMATION, SMES AND THE LEGAL STATUS OF VIDEO GAMES

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ADVANCING THE DEVELOPMENT OF SMES IN AN AGE OF DIGITAL TRANSFORMATION Game-changing innovation has become the norm; New technology’s impact on business and society accelerate progress exponentially; The digital revolution certainly poses new challenges but digital businesses are not so different that they cannot be scrutinized using the existing tools of IP Law; Impact of digitalization takes place across varied industries; Capturing value by business and society; Digital business models do raise some difficult and some novel questions and it is to be welcomed that these issues are being looked at in an overarching policy-focused way.

Artificial Intelligence (AI) Internet of Things (IoT) WIPO is investing time and research into the IP dimensions of these advanced technologies, and how they impact industries: Artificial Intelligence (AI) Blockchain Internet of Things (IoT) 3D printing Robotics Big Data

FOUR GROUPS OF COPYRIGHT INDUSTRIES Identified on the basis of their level of dependence on copyright material, namely   Core copyright-based industries Interdependent Industries Partial Industries Non-dedicated Industries Press and Literature Music, Theatrical Productions, Operas Motion picture and video Radio and Television Photography Software and Databases Visual and Graphic Arts Advertising Agencies and Services Copyright Collecting Societies The line between software and artwork can be fuzzy. For example, video games are counted in software – but they include storylines, graphics and music like a theatrical movie.

Video games are complex works of authorship – They contain multiple art forms, such as music, scripts, plots, video, paintings and characters – that involve human interaction while executing the game with a computer program on specific hardware. Therefore, video games are not created as single, simple works, but are an amalgamation of individual elements that can each individually be copyrighted (i.e., the characters in a given video game, its soundtrack, settings, audiovisual parts, etc.) if they achieve a certain level of originality and creativity. – All video games share a common element: the computer program that runs the game (but do not each use the same software).

COPYRIGHTABLE SUBJECT MATTER FOUND IN VIDEO GAMES Video games contain multiple elements, each of which can receive copyright protection. Main creative elements: I. Audio Elements: 1. Musical Compositions 2. Sound Recordings 3. Voice 4. Imported Sound Effects 5. Internal Sound Effects II. Video Elements 1. Photographic Images (p.e., Giff, Tiff, Jpeg) 2. Digitally Captures Moving Images (p.e., Mpeg) 3. Animation 4. Text III. Computer Code (Source Code and Object Code) 1. Primary Game Engine or Engines 2. Ancillary Code 3. Plug-Ins (Third-Party Subroutines) 4. Comments Additionally, other subject matter eligible for copyright protection can include the video game script, its plot and other literary works; well-developed characters; choreographies and pantomimes; and maps and architectural works. These elements are not protected per se, unless they meet each jurisdiction’s criteria for protection; in this regard, some countries, like the United States of America, provide copyright protection only to original works of authorship fixed in any tangible medium of expression, while other countries, like those in the European Union (EU), also guarantee protection to non-fixed works.

PROFESSIONALS INVOLVED IN THE CREATION, DEVELOPMENT AND MARKETING OF VIDEO GAMES – Examples: PRODUCER The producer supervises and oversees the work of all those involved in creating the video game. Video game producers have a similar role, mutatis mutandis, to that of a movie director. Other roles found in this category are: Production coordinator Assistant producer Associate producer Director of production GAME DESIGNERS Lead Designer Level Designer Content Designer Game Writer System Designer Technical Designer User Interface Designer Creative Director Writer Scriptwriter ARTIST The creator of the visual art of the game PROGRAMMER or ENGINEER Who creates and adapts the video game code AUDIO DESIGNER Responsible for creating sound effects and other related sound elements OWNERS OF NEIGHBORING RIGHTS Performers and Actors, in relation to both voice and movement Producers of audiovisual and sound recordings OTHER NON-CREATIVE POSITIONS Quality Assurance Tester Publisher of the video game Accountants Marketing experts Community Manager The Publisher and the Developer Relationship

TOOLS FOR CREATORS Mastering the Game: Business and IP issues for Video game Developers Making a living from Music From Script to Screen (Film) Management of IP in the Book Publishing Industry Rights, Camera, Action (Film) Distance Learning Module (Advanced) Managing Creative Entreprises Managing IP in the Advertising Industry The Monetization of Copyright Assets DL 501 Course on Collective Management

COPYRIGHT IS BUT ONE ELEMENT IN ANY NATIONAL POLICY SUPPORTING SMES AND THE CREATIVE INDUSTRIES Copyright is only one building block. It is a tool. Not a miracle cure. It must be embedded in a series of other measures. WHO ICD-11 LIST AND THE INCLUSION OF GAMING

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