In the field of games, there are many objects, scenes, etc. modeled on elements of real life, such as the recent fire of the "eat chicken" game "PUBG: Battle Royale", the car that appears in it is the real model Dacia 1300, which was produced by the Romanian car manufacturer Dacia during the Cold War, and other models in the game can find prototypes in reality. So the question is, will copying a real model in the game and using it constitutes infringement?
In this case, it is first possible to analyze whether there is copyright infringement, and the key point is whether the design of the model constitutes a work. According to the principle of "separation of practicality and artistry" of the Copyright Law, only works that can be separated from practicality and can exist independently for appreciation of artistry can be protected. For example, the appearance of sports cars and modern cars, although compared with traditional cars, has a certain sense of line beauty, according to different needs, there is a sense of sport and business and other designs, but these aesthetics, designs are closely related to the overall model of the load, wind resistance and other practical purposes. Once the designs are replaced, all the practicality ceases to exist, so that the artistry cannot be separated from the practicality and cannot constitute the work. Therefore, most models are difficult to constitute a work, so it is difficult to infringe the copyright of the model design of the work.
Secondly, it is possible to analyze whether the trademark right is infringed. The difficulty of forming a model does not mean that it can be copied arbitrarily, because it may also infringe on the trademarks and appearances registered by the automobile manufacturer. If the manufacturer registers its own trademark, then no one may use the appearance of the car without authorization.
The famous "Call of Duty" game has been involved in lawsuits for trademark infringement, and the trademark and vehicle of the "Humvee" Hummer appeared in the game, but the "owner" of the Hummer, AM General, is not aware of this, so when he sees his own brand without his authorization in the game, he is caught off guard by this game, and AM General will of course take up legal weapons to defend his rights. AM General has spent a lot of effort and financial resources on the involvement, promotion and sale of vehicles, registered various trademarks and even registered trademarks for the appearance of vehicles, just to protect their legitimate rights and interests. It's okay to use the vehicle's appearance in the game, just pay a "protection fee", and according to AM General, AM General has licensed the trademark and appearance since the 1990s, such as Authorizing Novlogic to use the Hummer trademark in games such as Delta Force: Black Hawk Down. However, as many as 8 Call of Duty games, including Call of Duty: Heroes and Call of Duty 4: Modern Warfare, have not been licensed by AM General. This could cost AM General a lot of money.
Can AM General's request be supported, let's analyze it together, from the perspective of copyright infringement, it is difficult for automobile models to constitute works and cannot be used as protected objects. However, we can think differently and protect the appearance through trademarks, such as in this case, AM General has registered a trademark for its own model, which should be protected by the Trademark Law. Nowadays, it has become a business model for car manufacturers to license games, such as Need for Speed, which signed an exclusive licensing contract with Porsche to use Porsche's models and trademarks in games. Therefore, when relevant enterprises design products, they need to carefully analyze the relevant elements, do a good job of investigation of relevant prior rights, and avoid infringement and be sued in court.
Game design can come from life, but remember not to copy it without authorization, and intellectual property rights cannot be infringed. Intellectuals, as mental workers, of course, also belong to workers, which is already a recognized social judgment. Through their own labor, they design and produce scientific and technological and cultural products, and they have the right to be respected and should be respected by society. For a long time, the mainland has neglected the protection of intellectual property rights to a certain extent, and in recent years, people have gradually realized the value of intellectual property rights and used legal weapons to protect intellectual property rights. Culture makes human beings more intelligent, knowledge makes human beings continue to progress, and respecting and protecting intellectual property rights is an objective requirement for maintaining economic and social order. Most mental work tends to be the easiest to reproduce, which gives plagiarists an opportunity. Laborers who have spent a lot of time and energy have not received the return they deserve, which will seriously hit the creative passion and belief of workers, and over time, those real workers are likely to join the ranks of plagiarists, and the entire industry will lose the source of creation.
Whether it is a nation or a country, independent creation is the most competitive core spirit, and the protection of intellectual property rights is to protect the spirit of independent creation. Intellectual property rights, like human life, are inviolable. The Internet is not an extralegal place, and the sunshine for protecting intellectual property rights should shine on the corners.
【Source】 Geng Jing
【Tweet Typography】 Lang Mingjie
【Reference】
[1] "Shameful Plagiarism, Intellectual Property Rights Cannot Be Infringed", published in People's Daily on May 6, 2014.
【Image source】
Pexels:
https://www.pexels.com/zh-cn/photo/7360387/
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