To Protect Online Game Graphics as Quasi-Cinematographic Works

——Shanghai Zhuangyou Information Technology Co., Ltd. v. Guangzhou Hugen Star Information Technology Co., Ltd. etc. in respect of copyright infringement, trademark encroachment and unfair competition disputes.

[Abstract]

This case is the first to protect general graphics of an online game as an independent works type, and mainly involves three issues. The first is whether online game graphics are works. General graphics of MU Online, an online game involved in this case, which are original and ingenious in many aspects such as map names and level setting, role setting, scene graphs, weapons and equipment style design and are reproducible in a tangible form, meet constitutive requirements of the works within the meaning of copyright laws. The second is which type of online game graphics is. Both expression forms and creation methods of general online game graphics are analogous to those of cinematographic works, so general online game graphics can be identified as quasi-cinematographic works to protect. The third is how to affirm that general graphics of two online games are substantially similar. For collective works that contains numerous elements, we can make comparisons in terms of plots, roles, maps, scenes and other game elements, assuming that general attention of the public is a common standard, to identify the similarity of general graphics of two games. 

To Protect Online Game Graphics as Quasi-Cinematographic Works (I)

To Protect Online Game Graphics as Quasi-Cinematographic Works (II)

To Protect Online Game Graphics as Quasi-Cinematographic Works (III)