Towards A More Balanced Approach to Addressing Game Adaptation Infringement in China
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...
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| Format: | Article |
| Language: | English |
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Sciendo
2023-07-01
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| Series: | Applied Mathematics and Nonlinear Sciences |
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| Online Access: | https://doi.org/10.2478/amns.2023.2.01140 |
| _version_ | 1797266060745900032 |
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| author | Deng Zhaoxia |
| author_facet | Deng Zhaoxia |
| author_sort | Deng Zhaoxia |
| collection | DOAJ |
| description | 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 |
| first_indexed | 2024-03-07T16:18:31Z |
| format | Article |
| id | doaj.art-21ef8ba61ece4c4dbdbb83373deef886 |
| institution | Directory Open Access Journal |
| issn | 2444-8656 |
| language | English |
| last_indexed | 2024-04-25T00:54:41Z |
| publishDate | 2023-07-01 |
| publisher | Sciendo |
| record_format | Article |
| series | Applied Mathematics and Nonlinear Sciences |
| spelling | doaj.art-21ef8ba61ece4c4dbdbb83373deef8862024-03-11T10:05:47ZengSciendoApplied Mathematics and Nonlinear Sciences2444-86562023-07-01823445346610.2478/amns.2023.2.01140Towards A More Balanced Approach to Addressing Game Adaptation Infringement in ChinaDeng Zhaoxia01Guangdong University of Foreign Studies. Guangzhou, Guangdong, China.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 creatorshttps://doi.org/10.2478/amns.2023.2.01140game adaptation infringementright of adaptationright of reproductiongame re-skinninginnovation91f99 |
| spellingShingle | Deng Zhaoxia Towards A More Balanced Approach to Addressing Game Adaptation Infringement in China Applied Mathematics and Nonlinear Sciences game adaptation infringement right of adaptation right of reproduction game re-skinning innovation 91f99 |
| title | Towards A More Balanced Approach to Addressing Game Adaptation Infringement in China |
| title_full | Towards A More Balanced Approach to Addressing Game Adaptation Infringement in China |
| title_fullStr | Towards A More Balanced Approach to Addressing Game Adaptation Infringement in China |
| title_full_unstemmed | Towards A More Balanced Approach to Addressing Game Adaptation Infringement in China |
| title_short | Towards A More Balanced Approach to Addressing Game Adaptation Infringement in China |
| title_sort | towards a more balanced approach to addressing game adaptation infringement in china |
| topic | game adaptation infringement right of adaptation right of reproduction game re-skinning innovation 91f99 |
| url | https://doi.org/10.2478/amns.2023.2.01140 |
| work_keys_str_mv | AT dengzhaoxia towardsamorebalancedapproachtoaddressinggameadaptationinfringementinchina |