<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

Publicado en línea: 31 oct 2023

Páginas: 3445 - 3466

Recibido: 01 jun 2023

Aceptado: 28 ago 2023

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

Palabras clave
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

Publicado en línea: 31 oct 2023

Páginas: 3445 - 3466

Recibido: 01 jun 2023

Aceptado: 28 ago 2023

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

Palabras claveGame 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.

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