VIETNAM NATIONAL UNIVERSITY HO CHI MINH CITY UNIVERSITY OF ECONOMICS AND LAW FACULTY OF ECONOMIC LAW GRADUATION THESIS COPYRIGHT PROTECTION FOR VIDEO GAMES - COMPARATIVE ANALYSIS OF INTERNATIONAL APPROACHES AND RECOMMENDATION FOR VIETNAM INSTRUCTOR: LLM. TRAN MINH TU STUDENT: LE QUYNH MAI ID STUDENT: K195022088 HO CHI MINH CITY, 04/2023 VIETNAM NATIONAL UNIVERSITY HO CHI MINH CITY UNIVERSITY OF ECONOMICS AND LAW FACULTY OF ECONOMIC LAW GRADUATION THESIS COPYRIGHT PROTECTION FOR VIDEO GAMES - COMPARATIVE ANALYSIS OF INTERNATIONAL APPROACHES AND RECOMMENDATION FOR VIETNAM INSTRUCTOR: LLM. TRAN MINH TU STUDENT: LE QUYNH MAI ID STUDENT: K195022088 HO CHI MINH CITY, 04/2023 i DECLARATION I hereby declare that all information in my graduate thesis titled “Copyright protection for video games - Comparative analysis of International approaches and Recommendation for Vietnam”, which was conducted under supervision of LLM. Tran Minh Tu has been collected and submitted in accordance with academic rules and ethical principles.
I also declare that this is my original work and has not been submitted, in whole or in part, in any previous application for a degree. All data obtained from external sources has been properly cited both in the text and in the references. Ho Chi Minh City, April 9, 2023 Student Le Quynh Mai ii LIST OF ABBREVIATIONS CJEU The Court of Justice of the European Union EU European Union IPL Law on Intellectual Property TPM Technological Protection Measure TRIPS Agreement on Trade - Related Aspects of Intellectual Property Rights US United States of America WCT World Intellectual Property Organization Copyright Treaty WIPO World Intellectual Property Organization WTO World Trade Organization iii TABLE OF CONTENTS DECLARATION. i LIST OF ABBREVIATIONS.
ii TABLE OF CONTENTS. Reason for choosing the topic. Purpose, object, and limitation of the research scope of the topic. Scientific significance and practical value of the topic.
5 CHAPTER 1: THEORETICAL BASIS OF COPYRIGHT PROTECTION FOR VIDEO GAMES. Defining video game. The history, concept and characteristics of video game. Types of video games.
Elements of video games. The concept of copyright protection. The history, notion and characteristic of copyright. Scope and conditions for copyright protected work.
Video games and Copyright protection: Finding a place. 20 CONCLUSION OF CHAPTER 1. 24 CHAPTER 2: INTERNATIONAL APPROACHES ON COPYRIGHT PROTECTION FOR VIDEO GAMES AND RECOMMENDATION FOR VIETNAM. International approaches on copyright protection for video games.
The United States. The European Union. A comparison between two jurisdiction. Recommendations for Vietnam.
Copyright protection for video games in Vietnam. Recommendation for Vietnam. 43 CONCLUSION OF CHAPTER 2. Reason for choosing the topic Industrial Revolution 4.0 represented itself on a technology leap.
Being an intersection of creativity and technology, the video game industry has seized the “opportunity”, becoming the fastest growing content sector in the world. Despite the COVID-19 pandemic adversely impacting the global economy, the video game industry has experienced a surge in growth. Vietnam, being an active participant, has not been an exception to this phenomenon. Accompanying with the exponential growth of the market are issues arising from video games itself, which the law has yet to keep up with these changes to promptly adjust.
The combination of audiovisual elements and computer program result in a multitude of works of authorship encompassed in a single medium. This intricate nature has led to a myriad of copyright issues that have yet to be resolved on an international level. One of them is the legal classification of video games. Such a normative gap in international treaties has led video games to seek protection under different traditional categories, either through computer programs or audiovisual works or separate protection upon each jurisdiction.
The video game market is projected to grow in the coming years with advanced technology and the popularity of esports and live streaming, whereas, copyright ambiguity could hinder such progress. Therefore, studying copyright protection for video games in theoretical and practical aspects to provide a perspective on recommendation on appropriate copyright regime for video games. This helps to create a friendly environment for the development of the industry in parallel with raising awareness and preventing copyright violations. For this reason, writer has chosen the topic “Copyright protection for video games - Comparative analysis of International approaches and Recommendation for Vietnam.
Research situation The cross-cutting nature of video games has prompted questions into the realm of copyright regime, particularly in the context of global economic integration. Hence, a growing interest among scholars and researchers has emerged to promote the development of a unified and international solution for the legal classification of video games. Several outstanding foreign works can be mentioned as: Article “Video Games: 21st century art” by Catherine Jewell, Communications Division, published by WIPO Magazine 4/2012. The article offered a detailed analysis on the creative aspect of contemporary video games.
Unlike their ancestors of basic geometric on a monochromatic screen, modern video games feature advanced graphics, storytelling, and music which make for a captivating experience for players. Article “Video Games: Computer Programs or Creative Works?” by Andy Ramos Gil de la Haza, Bardají & Honrado, Abogados, published by WIPO Magazine 4/2014. The article analyzed the development of video games and computer science to provide an overview of elements that existed video games, namely: (i) audiovisual elements (including pictures, video recordings and sounds); (ii) computer programs that technically manage audiovisual elements to come alive on a wide range of devices. A study “The Legal Status of Video Games: Comparative Analysis in National Approaches” commissioned by WIPO in 2013, authored by Messrs.
Andy Ramos, Anxo Rodriguez, Tim Meng, Stan Abrams and Ms. The paper provided a comparative analysis into classification of video games and their applied legal regime for its copyright protection in different countries, including: Argentina, Belgium, Brazil, Canada, China, Denmark, Egypt, Germany, India, Italy, Japan, Kenya, the Republic of Korea, Rwanda, Russia, Senegal, South Africa, Spain, Sweden, the US and Uruguay. 3 However, domestic scientific works are still limited both in quality and quantity. The research was mainly focused on copyright-related issues in general, and for computer programs in particular.
Some outstanding can be mentioned as: Monograph “Copyright protection in the digital environment, according to International treaties and Vietnamese law” by Vu Thi Phuong Lan, National Political Publishing House, 2018. The book provided legal regulation on copyright protection in the digital environment of international treaties and several countries; gave an overview of copyright-related issues both in theoretical and practical aspects; and offered recommendations for Vietnam on the basis of international experiences. Article “Protection of computer programs under Vietnamese law: Practices and challenges” by Tran Kien, published by VNU Scientific Journal: Law School, Volume 34, Issue 4 2018. The article analyzed Vietnamese provision on protection of computer programs as a subject of copyright and detected several drawbacks regarding condition, scope and terms of protection and limitations.
Article “Infringement of copyright protection for computer programs” by Nguyen Dinh Huy, Nguyen Thi Tuong Vi, published by Journal of Law and Practice No. The article identifies several popular copyright infringements, including: (i) The use of computer programs without permission; (iii) Acts of disabling technical measures; and offers several recommendations to improve the legislation and the efficiency of legal practice. However, these previous works had set the theoretical basis for copyright protection in general, and video games in particular. By building on the conclusions drawn from domestic and foreign works, writer hope to contribute a new perspective on copyright protection for video games in Vietnam.
Purpose, object, and limitation of the research scope of the topic The paper aims to: (i) study the concept of video games and copyright to set a foundation for further analysis on copyright protection for video games; (ii) study international approaches on legal status of video games’ copyright protection; from which to provide a perspective on classification of video games in Vietnam on the basis of a comparison between jurisdictions to draw experiences. The object of the paper is legal provisions that regulate the status of copyright protection for video games. The research scope of the topic: (i) About research content: The paper focuses on legal status of video games’ copyright protection; (ii) About legislative documents: The paper mainly analyzes 2005 IPL (amended and supplemented in 2022) (amended and supplemented in 2022) and other relating document directly regulate copyright and video game’s copyright protection; (iii) About research time and space: The paper studies the provision of video game’s copyright protection since the IPL promulgated to the present time to have a comprehensive view. Besides studying Vietnamese provisions, writer also refers to other nations’ approaches to gain experiences in video game’s copyright protection in Vietnam, particularly the US and the EU.
Research Methodology The paper is researched based on three core research methodologies, following: - Analytical method: writer used the method to interpret legal provisions; analyze legal aspects arising from application in practices; from which to draw comments to highlight the main-focus issues, that is, the nature of video games and copyright-related issues of video games. - Synthesis method: the method was used to summarize previous scientific works; apply the conclusions and experiences drawn from these works, referring to other nation’s legislation and views of scholars and researchers, to give the comprehensive 5 overview of video games' copyright protection; simultaneously, inherit recommendations which were made to improve the effectiveness of legal application. - Comparative method: this is the most used method throughout the research process. By performing a legislative comparison between nations and between Vietnam and other nations, reasonable and adequate points were illustrated, from which to infer relevant experiences that are applicable for Vietnam.
Scientific significance and practical value of the topic Concomitant with the continuous growth of the video game industry in both quantity and quality, the intensification of video games’ complex nature is inevitable, leaving numerous unclear aspects related to this field. Therefore, through this paper, writers want to: (i) Analyze different approaches to legal status of video games’ copyright protection; from which to (ii) Provide an approach for the classification of video games in Vietnam. For the purpose of fostering a conducive environment for the growth of the video game industry, increase awareness, and aid in the prevention of copyright infringements in the context of Industrial Revolution 4. Essay layout Besides the Preface, the Conclusion and the List of References, the thesis has two chapters: Chapter 1: Theoretical basis of copyright protection for video games Chapter 2: International approaches on copyright protection for video games and Recommendation for Vietnam.
6 CHAPTER 1: THEORETICAL BASIS OF COPYRIGHT PROTECTION FOR VIDEO GAMES 1. Defining video game 1. The history, concept and characteristics of video game The history of video games was traced back to the invention “cathode-ray tube amusement device” by Thomas T. and Estle Ray Mann – “the first to use an electronic display” - in 1947.
From which, as early as 1950, simple games and simulations of real-world board games were created, however, solely a demonstration showpiece1 or a research project.2 The next milestone came in Tennis for Two in 1958, featuring “an analog computer and a oscilloscope”, by William Higginbotham, became first solely entertainment-focused game3. Video games went into mainstream popularity after the spread of Spacewar! by MIT students4 for the PDP-1 mainframe computer in 1962, allowing two players to shoot bullets at each other’s spaceships in a dogfight set against the backdrop of a random starry background. A new era was kicked of in the 1970s with the launch of video games with different displays: the first arcade game - Computer Space5 (1970); the first generation of home consoles video games, Magnavox Odyssey (1972); and immensely successful Pong6 (1972) in both arcade and home console field.