<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>While game adaptations have enriched people’s cultural lives, they also give rise to many legal disputes. The current copyright regime in China fails to acknowledge the core role of the right of adaptation in copyright theory and provides scant protection for video games. This allows game developers to clone or re-skin games at the expense of bona fide creators, thereby discouraging innovation and stifling creativity. This paper suggests that the normative target of the right of adaptation differs from that of the right of reproduction, despite their considerable overlap. This notion is strengthened by the exploration from the perspective of game design. Drawing on US judicial practice, this paper proposes a new three-step test to address game adaptation infringement in China. If strictly implemented, this test would avoid unduly restraining competition and follow-on innovation and interfering with the reasonable interests of the original creators</p>
</abstract>

While game adaptations have enriched people’s cultural lives, they also give rise to many legal disputes. The current copyright regime in China fails to acknowledge the core role of the right of adaptation in copyright theory and provides scant protection for video games. This allows game developers to clone or re-skin games at the expense of bona fide creators, thereby discouraging innovation and stifling creativity. This paper suggests that the normative target of the right of adaptation differs from that of the right of reproduction, despite their considerable overlap. This notion is strengthened by the exploration from the perspective of game design. Drawing on US judicial practice, this paper proposes a new three-step test to address game adaptation infringement in China. If strictly implemented, this test would avoid unduly restraining competition and follow-on innovation and interfering with the reasonable interests of the original creators

Towards A More Balanced Approach to Addressing Game Adaptation Infringement in China

Applied Mathematics and Nonlinear Sciences

This work is licensed under the Creative Commons Attribution 4.0 International License.

While game adaptations have enriched people’s cultural lives, they also give rise to many legal disputes. The current copyright regime in China fails to...

Towards A More Balanced Approach to Addressing Game Adaptation Infringement in China

Published Online: Oct 31, 2023

Page range: 3445 - 3466

Received: Jun 01, 2023

Accepted: Aug 28, 2023

DOI: https://doi.org/10.2478/amns.2023.2.01140

Keywords
Game adaptation infringement, right of adaptation, right of reproduction, game re-skinning, innovation

© 2023 Zhaoxia Deng, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Towards A More Balanced Approach to Addressing Game Adaptation Infringement in China

Published Online: Oct 31, 2023

Page range: 3445 - 3466

Received: Jun 01, 2023

Accepted: Aug 28, 2023

DOI: https://doi.org/10.2478/amns.2023.2.01140

KeywordsGame adaptation infringement, right of adaptation, right of reproduction, game re-skinning, innovation

© 2023 Zhaoxia Deng, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Keywords
Game adaptation infringement, right of adaptation, right of reproduction, game re-skinning, innovation