Can game screens be defined as cinematographic works in China?

2016 and 2017 are destined to be milestones in video game copyright protection in China judicial practice. In these two years, we have first seen an explicit and unified copyright definition over video game screens, namely the series of images preinstalled in the game program and displayed during game control. So, what is that definition, and why it is so important for the judicial practice and the video game industry in China? The author will make a preliminary analysis from past cases.

Defect in previous practice

Video games, including computer games, TV games and mobile games, are a complicated combination of various elements that at least includes pictures (figures and scene designs), cartoons, sound effects, dubbing, music and computer programs.

Once the above-mentioned elements are deemed “original”, they can respectively be categorized as the following copyright works:

• Fine art works: pictures (figures, scenes);
• Cinematographic works: cartoons;
• Musical works: sound effects, music;
• Oral works: dubbing; and
• Computer software works: video programs.

Previous judicial practice looked at which aspects, or which works, could complete the definition of the video game in the copyright law.

Then we saw different propositions in the same types of video game infringement lawsuits, including targeting against fine art works, musical works, cinematographic works, oral works, computer software works, or against all of these works. The above proposition may mean that the rights owner is only protected in one “corner” of the entire works. For example, if fine art works was selected, then the rest of the elements like music, cartoons and computer programs would not be protected. So, how is it possible to protect the value, and the lawful rights contained in other parts?

Albert Chen is a partner and attorney-at-law with Boss & Young