Title: Game-changing factor: the recognition of video gamers' copyrights

Authors: Ruslan Budnik; Maxim Zverev; Аstamur Tedeev

Addresses: HSE University, 109028, Moscow, B. Trekhsvyatitelsky Lane, 3, Office 436, Russia; Centre for Comparative Law, Shenzhen MSU-BIT University, China ' UNESCO Chair on Copyright, Neighboring, Cultural and Information Rights, 109028, Moscow, B. Trekhsvyatitelsky Lane, 3, Office 436, Russia ' Moscow State University named after M.V. Lomonosov, 119234 Moscow, Leninskie Gory, Building 1, Building 13, Russia; Centre for Comparative Law, Shenzhen MSU-BIT University, China

Abstract: The article discusses the idea that video gamers should have copyrights for the works they create and tests the hypothesis that players aim to make money by selling their rights, while game owners often deny such rights. The paper argues that allowing users to trade their intellectual property (IP) rights can benefit owners of video games and reduce the existence of a grey market for gaming items. The research methodology involves a doctrinal analysis of the protectability of artefacts developed by players, a classification of the provisions on IP rights of end-user agreements, a targeted survey among gamers about their motivation, as well as a debriefing of holders of hacker gaming platforms about their attitude to the copyrights of users. Our results show that players should have copyrights for the created works and the viability of a business model built on the legal trade of gamers' IP rights.

Keywords: video games; creativity of gamers; gaming artifacts; gamers' copyright; gamers' motivation.

DOI: 10.1504/IJIPM.2025.145577

International Journal of Intellectual Property Management, 2025 Vol.15 No.2, pp.116 - 138

Received: 25 Nov 2023
Accepted: 12 Mar 2024
Published online: 07 Apr 2025 *

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