Title: Strengthening Copyright Protection Foundations to Boost the Game Industry
Borrowing popularity and attracting attention, the conversion of interests can be as swift as it is risky. Even Apple’s CEO, Tim Cook, has praised the game “Genshin Impact,” which is now also featured in a case study from the Shanghai Xuhui People’s Court under the theme of “Strengthening Copyright Protection Foundations to Assist the Growth of the Game Industry.”
In this recent trial, the defendant is a “YouTuber.” Three individuals, including Season, Shi, and Bai, uploaded videos of the game “Genshin Impact” on a platform, featuring the unreleased game character “Firaga.” The plaintiff, MiHoYo Technology Co., Ltd., which developed and operates the original role-playing game “Genshin Impact,” has gained immense popularity worldwide and is one of the most influential electronic game companies in China and globally. MiHoYo holds the copyright for the software, the character design, costumes, and the continuous visual effects of the game.
In the three cases tried, the defendants uploaded videos featuring the “Firaga” character, which they had gained through internal testing, to a website before the plaintiff had released it. This infringement of the plaintiff’s exclusive rights to the “Firaga” character’s information network rights was ruled on. After the trial, all three defendants compensated the plaintiff for their losses and reasonable expenses. Xuhui Intellectual Property Court Chief Judge Wang Limin explained, “In games, music, images, and text can each stand alone as a work. Some well-designed and innovative characters, which form the basis of game commercialization, possess immense market value.”
Image: Firaga
Apart from “Genshin Impact,” multiple popular games, including “Overwatch,” have also faced challenges. A joke has even been made that the “Four Kings of Shanghai Games” are all based in Xuhui. Indeed, this area is home to a number of key creative enterprises that are closely tied to content, technology, and copyright. From 2012 to 2022, Xuhui District saw 11 units win the title of Shanghai Copyright Advantage (Demonstration) Units, and three parks win the title of Shanghai Copyright Advantage (Demonstration) Parks. To support them, the “wall” must be reinforced. Between 2018 and March 2023, the Xuhui Intellectual Property Court received 33 cases involving disputes over intellectual property rights in the gaming industry, with the number of cases steadily increasing each year.
Yesterday, discussions focused on copyright issues in the gaming industry, with policymakers, industry experts, and service providers sharing insights on policy interpretation, case analysis, registration practices, and service promotion. The Xuhui Culture and Tourism Bureau and the Xuhui Intellectual Property Bureau jointly signed the “Game Copyright Industry Initiative Statement” with LiLixi Games and MiHoYo and other gaming companies. The statement urges game industry professionals across the country to work together to create a healthy and orderly gaming copyright environment, fostering an atmosphere of innovation and respect for creativity. This will help enhance the credibility of the gaming industry and drive its sustainable development continuously. (Xinmin Evening News reporter: Hua Xinyi)