Video games are complex works of art that combine abstract ideas such as gameplay and functions with expressive elements such as music, scripts, plots, art, characters, and source code. However, copycat games that imitate and copy one or more of these elements (often referred to as “game clones”) pose a major challenge to video game developers. The development of a video game can require large investments of labor, time, and resources, which means game clones can cause significant economic harm to the rightful owners of the game. The U.S. copyright regime gives game owners the means to protect their intellectual property from unauthorized reproduction and their valuable investments associated therewith.
This article discusses the basics of U.S. copyright law as well as how copyright infringement and cloning is typically addressed by courts in the U.S. By looking to a variety of “clone game” cases to explore what U.S. copyright law does (and does not) protect, this article provides guidance on how game companies can stay on the right side of U.S. copyright law and what game companies can do if they discover an unauthorized clone of their game.