Atnaujinkite slapukų nuostatas

Computer Games and Immersive Entertainment: Next Frontiers in Intellectual Property Law, Second Edition [Minkštas viršelis]

  • Formatas: Paperback / softback, 412 pages, aukštis x plotis: 228x152 mm, Illustrations
  • Išleidimo metai: 07-Apr-2020
  • Leidėjas: American Bar Association
  • ISBN-10: 1634251180
  • ISBN-13: 9781634251181
  • Formatas: Paperback / softback, 412 pages, aukštis x plotis: 228x152 mm, Illustrations
  • Išleidimo metai: 07-Apr-2020
  • Leidėjas: American Bar Association
  • ISBN-10: 1634251180
  • ISBN-13: 9781634251181
The intersection between intellectual property law and video games and immersive entertainment is exciting, fast-paced, and complex, as technology evolves at breakneck speed and often outpaces established case law. Game developers routinely wrestle with all aspects of IP law and need counsel on end-user license agreements; ownership and challenges of user-generated content; the scope and limitations of copyright protection; remedies for trade secret appropriation; duration of right of publicity protection; approaches for simulating reality without running afoul of existing trademark and brand rights of real-world companies and people; ramifications of international law; and more.

This new edition of Computer Games and Immersive Entertainment covers a broader range of topics and helps lawyers understand the ongoing changes, developing creative and nimble solutions to protect companies while still engaging the players.

Table of Contents

How to Use This Book Introduction Chapter 1: Contracts as Private Law in Video Games and Immersive Entertainment Chapter 2: Copyright Law Chapter 3: Patents: Real-World Issues in Mixed Realities Chapter 4: Implications of Video Games and Immersive Entertainment in Trademark Law Chapter 5: Implications of Video Games and Immersive Entertainment and the Law of Trade Secrets Chapter 6: Rights of Publicity Chapter 7: International Considerations of Video Games and Immersive Entertainment Table of Cases and Index
How to Use This Book ix
Introduction xi
Contributors xvii
Chapter 1 Contracts as Private Law in Video Games and Immersive Entertainment
1(60)
Michael Bombace
Brian D. Sites
Curtis A. Peele
Joshua A.T. Fairfield
Introduction
2(2)
I Purpose and Scope of Agreements
4(15)
A History of EULAs, TOS, and TOU Agreements
4(6)
B Common Provisions in Modern Agreements
10(4)
C Scholarly Criticisms of Terms: One Brief Example
14(3)
D The Future of EULAs, TOS, and TOU
17(2)
II Current and Potential Limitations on Terms and Agreements in Digital Games
19(32)
A Unconscionability
19(20)
B Modifications
39(4)
C Privity of Contract
43(5)
D Minors
48(3)
III Potential Resolutions to TOU Limitations in Digital Games
51(9)
A Industry Practices
52(4)
B Judicial Intervention
56(2)
C Legislative Action
58(2)
Conclusion
60(1)
Chapter 2 Copyright Law
61(58)
Marc E. Mayer
Introduction
62(2)
I Basic Requirements for Copyright Protection
64(25)
A Literal and Nonliteral Aspects of Computer Games
64(8)
B Originality
72(3)
C Fixation
75(5)
D Limitations on the Scope of Copyright Protection
80(9)
II Authorship and Ownership
89(12)
A Works for Hire
91(4)
B Joint Works and Contributions
95(2)
C EULAs and Ownership of Game Mods and Virtual Property
97(4)
III Copyright Infringement
101(16)
A Copycat or "Clone" Games
104(4)
B Your Game Stole My Movie/Screenplay/Book!
108(3)
C Streaming, Twitch, Machinima, and "Let's Play" Videos
111(6)
Conclusion
117(2)
Chapter 3 Patents: Real-World Issues in Mixed Realities
119(54)
Steve Chang
Sanford Warren
Introduction
120(1)
I A Brief Overview of U.S. Patent Protection
120(10)
A Utility Patents: U.S. Patentability Requirements
120(8)
B Design Patents: U.S. Patentability Requirements
128(1)
C Obtaining a Patent for Inventions on Video Games and Virtual Worlds
129(1)
II Patent Protection for Video Games and Virtual Worlds
130(16)
A Utility Patents
130(8)
B Design Patents
138(8)
III Using a Patent in a Virtual World
146(26)
A Enforcement Avenues
146(11)
B Infringement Issues
157(3)
C Damages Issues
160(4)
D Video Game Lawsuits
164(8)
Conclusion
172(1)
Chapter 4 Implications of Video Games and Immersive Entertainment in Trademark Law
173(52)
William K. Ford
Anna L. King
Introduction
174(2)
I Overview of Trademark Protection
176(8)
II Trademark Issues in the Video Game and Virtual World Contexts
184(8)
A Traditional Uses: Physical Products
185(2)
B In-Game Uses: Direct Liability
187(4)
C In-Game Uses: Secondary Liability
191(1)
III Analysis of Trademark Issues in Video Games and Virtual Worlds
192(24)
A Nominative Fair Use
202(6)
B The First Amendment
208(8)
IV Secondary Liability
216(3)
V Unfair Competition: Trademark Infringement and Misappropriation
219(3)
Conclusion
222(3)
Chapter 5 Implications of Video Games and Immersive Entertainment and the Law of Trade Secrets
225(30)
Thomas J. Mihill
Steven M. Kushner
Adam C. Losey
Introduction
226(1)
I Trade Secrets Generally
226(13)
A What Is a Trade Secret and What Can Be Protected?
226(4)
B The Competitive Advantage Requirement
230(2)
C The Secrecy Requirement
232(4)
D Trade Secret Information Protected by Other IP Laws
236(3)
II Trade Secrets in Video Games and Virtual Worlds
239(10)
A Gameplay: What Players/Users See
239(6)
B Game Design: Behind the Scenes
245(4)
III Applying the Traditional Analysis to Video Game and Virtual World Issues
249(2)
IV What Remedies Are Available for Trade Secret Misappropriation?
251(3)
A Injunctive Relief
251(2)
B Damages
253(1)
C Criminal Actions
253(1)
Conclusion
254(1)
Chapter 6 Rights of Publicity
255(44)
Lynne Boisineau
Ben Manevitz
Introduction
256(2)
I The Development of Right of Publicity Protection in the United States
258(38)
A Elements
259(5)
B Types of Potential Claims Overlapping with the Right of Publicity
264(7)
C Variations in State Law
271(1)
D Defenses
272(24)
Conclusion
296(3)
Chapter 7 International Considerations of Video Games and Immersive Entertainment
299(48)
Ken Cheney
Introduction
300(4)
I International Copyright Issues in Online Games and Virtual Environments
304(20)
A Choice of Law and Conflict of Laws
305(9)
B Territoriality of Copyright Infringement
314(7)
C Proposed Copyright Reform in Europe and China
321(3)
II International Trademark Issues
324(6)
A Ownership and Territoriality
325(2)
B Difficulty in Protecting Marks Subject to Global Exposure
327(2)
C Enforcement and the Special Case of Foreign Defendants
329(1)
III Comparative Patent Law Issues
330(10)
A Eligibility of Inventions Directed to Online Virtual Environments and Computer-Related Subject Matter
332(3)
B Filing Issues for Online Virtual Environments and Internet-Related Inventions
335(2)
C Some Issues Involving International Inventorship
337(1)
D Enforceability against Foreign Defendants
338(2)
IV Jurisdictional Issues in the International Enforcement of Intellectual Property Rights
340(5)
Conclusion
345(2)
Table Of Cases 347(26)
Index 373
Chrissie Scelsi (@PunkLawyer)Chrissie Scelsi is U.S. general counsel for Wargaming, an award-winning online game developer and publisher that is a leader in the free-to-play MMO market across PC, console, and mobile platforms. She is responsible for legal and business matters for the companys operations in the United States, including copyright, trademark, advertising, privacy, compliance, e-sports, licensing, events, and answering basically any question related to what can be done with a tank. Prior to joining Wargaming, Chrissie practiced entertainment and new media law in private practice and was in-house counsel for game-based simulations company Bohemia Interactive Simulations, where she was responsible for advising on software licensing matters, government contracting and regulatory compliance, trademarks, copyright, and corporate issues.







Chrissie served as a co-editor for the first edition of this book, Computer Games and Virtual Worlds: A New Frontier in Intellectual Property Law, and is a chapter contributor to the ABAs Legal Guide to Video Game Development, Second Edition, both of which were published by the ABA Section of Intellectual Property Law. Chrissie is a former chair of the Entertainment, Arts, and Sports Law Section of the Florida Bar and is a member of the Video Game Bar Association and of the board of the Esports Bar Association. She is a member of Council for the ABA Section of Intellectual Property Law and serves on the sections Landslide® magazine board, as well as the CLE Board and Copyright Reform Task Force. She has been named as one of the top eight Central Florida attorneys with Twitterati status by the Orlando Business Journal based on the number of follows of her @PunkLawyer handle. Chrissie received her Bachelor of Business Administration in Marketing from Loyola University New Orleans, a Juris Doctor from Saint Louis University School of Law, and a Master of Laws in Entertainment and Media Law from Southwestern School of Law.

Ross Dannenberg is an attorney in the Washington, DC office of Banner & Witcoff Ltd., and handles a wide-range of intellectual property issues, with experience in Internet, e-commerce, telecommunications, computer software and video game-related issues. With a background in computer science, Mr. Dannenberg has prepared and prosecuted hundreds of patent applications in a variety of technical fields, including mobile and traditional telecommunications, computer software, video games, and Internet and business method inventions. He also has substantial experience with intellectual property protection of video games, including patent and copyright protection, copyright clearance and licensing, and has experience with entertainment, copyright, trademark and domain name related matters. In Addition, Mr. Dannenberg is an adjunct professor of copyright law at George Mason University School of Law. Mr. Dannenberg earned his Bachelor of Science degree in Computer Science from the Georgia Institute of Technology with concentrations in Telecommunications and Database Management and his Juris Doctor from The George Washington University Law School in 2000 where he was a member of the Environmental Lawyer legal journal. Between his undergraduate studies and law school, Mr. Dannenberg was an Information Systems Manager for Carnival Cruise Lines, where he was responsible for all facets of computer and network use, training, and administration aboard a cruise ship. Furthermore, Mr. Dannenberg earned his Private Pilot's license in 1999 and is a member of the Lawyer Pilots Bar Association. Mr. Dannenberg is also the Editor-in-Chief of the Patent Arcade website, a legal blog discussing intellectual property protection of video games.