MVV296K Interactive Entertainment Law

Faculty of Law
Autumn 2022
Extent and Intensity
0/1/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Dr. Michaela MacDonald (seminar tutor), prof. JUDr. Ing. Michal Radvan, Ph.D. (deputy)
Guaranteed by
prof. JUDr. Ing. Michal Radvan, Ph.D.
Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Faculty of Law
Timetable of Seminar Groups
MVV296K/01: Mon 28. 11. 18:00–19:40 041, Tue 29. 11. 16:00–17:40 041, 18:00–19:40 041, Wed 30. 11. 18:00–19:40 041, Thu 1. 12. 8:00–9:40 041, M. MacDonald
Prerequisites (in Czech)
MP103Zk General History of Law
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 24/30, only registered: 0/30
fields of study / plans the course is directly associated with
Course objectives
The Interactive Entertainment industry is the most successful and the fastest growing of all the Creative Industries. In this ecosystem, creativity meets innovation and cutting-edge technology and thereby poses a unique challenge for publishers, users and legislators alike. This course identifies and analyses some of the legal, regulatory and commercial issues and challenges that the industry and the various stakeholders have to face in light of the constantly changing landscape. Topics covered in this course include: intellectual property law protecting the development, release and use of video games; creative uses of video games challenging the traditional IPRs allocation models; right of publicity; regulation in relation to gambling and age-verification.
Learning outcomes
Aims of the Course:

1. To provide students a global perspective of the IP rights on which the Interactive Entertainment industries are based, offering a comparative perspective from a number of key jurisdictions including the EU and the United States.
2. To provide students with an understanding of potential liabilities which developers and publishers seek to avoid, general IP infringement issues, litigation and dispute resolution systems.
3. To provide students with an understanding of potential liabilities in which users might occur when creating derivative works and/or using/modifying the video game beyond the licensed uses.

Academic Content:

1. To identify the core Intellectual Property issues within the Interactive Entertainment industry.
2. To compare the laws relating to key Intellectual Property issues in Interactive Entertainment within key jurisdictions including United States, EU, Japan, Hong Kong, and China.

Disciplinary Skills - able to:

1. Students should be able to prepare legal arguments and/or briefs on the major Intellectual Property issues related to Interactive Entertainment industries.
2. Students should be able to analyse and summarise position papers and reports, and to pick up and synthesise key issues relating to a variety of Intellectual Property issues in relation to Interactive Entertainment.

Attributes:

1. Students should be capable of considering key IP issues from a global perspective and be able to engage in these issues with the legal world and industry sector.
2. Students should be capable to engage critically with their acquired expertise and apply it to a constantly evolving environment.
Syllabus
  • 1. Introduction to the course and Interactive Entertainment Law
  • Structure and aims of the course, an overview of the legal and regulatory landscape of the interactive entertainment industry, the stakeholders and the challenges they are facing.
  • 2. Video Games: Computer programs or creative works?
  • Legal classification of video games and other protectable elements.
  • 3. The creative release valves: Live streaming, e-sports, mods & video game preservation
  • Analysis of the chain of rights between publishers, organisers, broadcasters, creators and users. Fair use versus fair dealing exceptions. The role of sports and labour law.
  • 4. Trademarks: Realism and authenticity
  • Video game branding and in-game use of third parties’ marks. Freedom of speech.
  • 5. Video Game Patents & Trade Secrets: Video games unleashed
  • An overview of patent and trade secret laws insofar as they apply to interactive entertainment.
  • 6. Right of publicity: Your faces belong to us
  • Common legal grounds for protecting character and personality merchandising in video games.
  • 7. Lootboxes: Video games and regulation
  • Regulation targeting over-use, addiction, and gambling. Age-verification.
  • 8. Review & Future Developments
  • Overview of upcoming trends that may affect the industry in the future, such as DSM Directive or cloud gaming.
Literature
  • Materials will be distributed before and during the lectures.
Teaching methods
lectures and discussions
Assessment methods
Attendance. Participation. Written assignment.
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
The course is also listed under the following terms Autumn 2019, Autumn 2020, Autumn 2023, Autumn 2024.
  • Enrolment Statistics (Autumn 2022, recent)
  • Permalink: https://is.muni.cz/course/law/autumn2022/MVV296K