Publication date: March 21, 2025
According to the definition, a “computer game” is a form of gameplay that takes place in front of a computer screen. It is also a program that enables it to run. This approach determines the key role of the technical structure of a computer game in its functioning. In simple terms, this game is composed of two key elements, namely the software (engine), which is the technical foundation, and the audiovisual and story layers, which build its unique character. This division is of key importance in relation to the legal classification of games, as well as the formation of case law in this area and means of protecting the rights of creators. It is worth pointing out that computer games are an extremely complex process that requires the cooperation of many specialists. The game consists of numerous components, often created by different authors, i.e. the game engine (which often comes from external suppliers), the story, graphics, animation, sound effects and other elements. This diversity makes it difficult to clearly assign a computer game in legal terms and requires an individual approach.
It is worth noting Article 1, Section 1 of the Polish Copyright and Related Rights Act, which states that a work is any manifestation of creative activity of an individual nature, regardless of its form, value, purpose or manner of expression. Section 2 of this provision contains an exemplary catalogue of types of works, and further legal regulations specify the principles of protection of computer programs and audiovisual works.
A computer game is most often classified as either a computer program or an audiovisual work, but each of these classifications carries different legal consequences. In European doctrine, a mixed concept can be found, i.e. combining both elements of these legal categories. This approach takes into account both the technical aspects of the game, i.e. software, and its audiovisual layer, i.e. graphics, animations and music. This affects the way in which the rights of creators and users are protected.
When talking about the classification of computer games, it is worth referring to Chapter 7 of the Copyright and Related Rights Act and considering them as computer programs. This classification seems quite natural, due to the fact that a computer game is based on source code. However, here too, in practice, minor problems arise, because modern games are no longer just the result of the code itself, as was the case in the early years of development of this industry. Currently, audiovisual elements of games, such as graphics, animations or music, are often created independently of the source code and are not its direct product. However, these provisions will be of significant importance in relation to the protection of computer programs, which protect only the code, omitting other layers of the game, such as visuals or sound. Modern games are therefore complex works that cannot be limited to the protection appropriate for computer programs, because their audiovisual layer often resembles films or interactive works of art.
It is also worth considering the topic related to artificial intelligence, because as it turns out, it is present in most computer games. The large influence of artificial intelligence behavior refers primarily to the decision-making system. This mechanism allows virtual characters, hereinafter referred to as agents, to react to the player’s actions in a specific way. Agents are computer opponents and other objects in the game that can feel stimuli, make decisions and behave in a way that resembles human reactions. Elements such as the ability to be noticed, attacked or interacted with by various characters, creatures or opponents in relation to these players are classified as agents. These can be both ordinary villagers walking around the market square and animals moving around the game world. Before making any decision, agents analyze many factors, which consequently allows for more realistic behavior in the game. In RPG games, the elements taken into account by artificial intelligence include, among others:
In sports games that are designed to simulate football, artificial intelligence uses the following algorithms:
All these elements are intended to make the gameplay more realistic and interesting for players.
In the context of technical protection of computer games, current regulations, such as Directive 2001/29/EC, may unfortunately not provide adequate protection for players. On the one hand, technical protection is intended to protect games from illegal copying and distribution, but on the other hand, it may limit the rights of legal users, for example in the scope of fair use. It is worth noting that technical protection, such as DRM, protects the copyrights of publishers, but may at the same time limit the rights of users, for example in the scope of fair use. Current regulations do not always provide adequate protection for players from potential abuses by publishers, which may lead to a breach of the balance between the protection of intellectual property and the rights of consumers.
The issue of e-sports is one of the fastest growing industries in the world. Consequently, it will be of great importance in the context of copyright and intellectual property rights, as the growing popularity of this form of competition and the dynamic development of streaming technologies make it necessary to thoroughly and extensively analyze the regulations concerning the protection of content in computer games. It is worth paying attention to several very important issues in this topic. Namely, in the matter of game licensing, it will be of great importance that the organizers of e-sports tournaments often profit from tickets, sponsorship and broadcasts. It should be emphasized that obtaining appropriate licenses from game creators is a necessary element in order to legally use a given game. In the matter of online broadcasting, it is worth noting that many players broadcast their matches on streaming platforms. The key issue here is to determine how the use of games in streaming affects copyright and how platforms and game creators can enforce their rights. It is also worth mentioning the protection of intellectual property, as e-sports players often develop various strategies and methods of play that may constitute intellectual value.
Copyright and intellectual property protection play an important role in shaping and securing the rights of game creators, tournament organizers and players, as well as in terms of competition and brand building. It is worth paying attention to the issues related to licensing, namely that:
In addition to licensing, another important issue will be image and brand protection, as players often become the face of games and their image deals can impact their careers and earning potential. It is worth noting the key issues related to this issue:
Another important issue in the e-sports topic will be the phenomenon of interaction between games and their creators. It is worth considering several important issues here regarding:
The connections between gamers and game developers are dynamic and mutually beneficial. We can distinguish several key aspects of this cooperation, namely:
It is worth noting that the success of e-sports is not limited to competition in the virtual world, because in addition to the games themselves, it is also necessary to protect the interests of both game creators and players in reality. Properly constructed contracts and clear regulations can bring benefits to both parties, ensuring greater stability and satisfaction for all participants in the industry.
It is worth paying attention to the issue of copyright infringement in the world of games and e-sports, as it is becoming increasingly common. These problems concern both the plagiarism of entire games and the illegal use of their graphic or musical elements. Such behaviors carry serious legal consequences, affecting both creators and e-sports organizations. For example:
Tournament organizers and teams have an obligation to react when players use illegal resources, which can lead to serious consequences, from disqualification from the competition to financial penalties.
Game licensing plays a key role in shaping the e-sports ecosystem. It affects both the availability of titles and the organization of professional tournaments. There are several different forms of game licensing in e-sports, namely:
Another important issue is the impact of licensing agreements on e-sports. It is worth emphasizing that more and more publishers are opting for long-term licensing agreements, which results in greater stability of the e-sports ecosystem. On the one hand, this provides teams and organizers with predictable development conditions, but on the other hand, it may limit the choice of games that professional teams can compete in. In some cases, publishers must adapt their productions to the needs of e-sports players to increase their competitiveness and attractiveness on the market. However, it is worth emphasizing that licensing games in e-sports does not end only with access to titles. Another important issue is compliance with the principles of fair competition, the so-called “fair play”. It is worth noting that regulations on counteracting fraud and unfair competition are of great importance for the credibility of games and may affect the approach of publishers to granting licenses. As new titles appear, the entire industry must adapt to changing regulations and dynamic legal realities. The legal provisions that will play a key role here will be art. 17 and Article 41 section 2 of the Copyright and Related Rights Act. They read as follows:
“Art. 17. [Scope of copyright]
Unless the Act provides otherwise, the author has the exclusive right to use the work and to dispose of it in all fields of exploitation and to receive remuneration for the use of the work.”
Art. 41. [Agreements concerning the transfer of copyright or the use of copyright]
(…)
2. The copyright transfer agreement or license covers the fields of exploitation expressly specified therein.”
It is worth noting that in terms of licensing, player development and marketing cooperation, registering games for official e-sports competitions will be of great importance. The positive consequences associated with such action primarily affect their development, motivation and improvement of skills, as well as the possibility of marketing cooperation that appears under licensing agreements. They can strengthen interest in tournaments and attract more viewers, which additionally drives the popularity of e-sports.
Another key issue in the subject of intellectual property protection in computer games and online games in Poland is the significant impact of this intellectual property in e-sports. E-sports is defined as a rapidly developing industry. With the growing popularity of computer games, issues arise regarding securing the rights of creators, tournament organizers and players themselves. Various mechanisms that are to provide protection, such as copyrights, trademarks and patents, play a very important role in ensuring the proper functioning of the e-sports ecosystem. In the subject of e-sports, it is worth paying special attention to the important role played by copyrights. They cover not only the game itself, but also its individual elements, such as:
Another important aspect worth mentioning is the issue of trademarks. For example:
It is also worth emphasizing that trademark owners have the right to protect them, which allows them to prevent unauthorized use of their brand by other entities on the market. This allows them to effectively protect their identity and recognition in the e-sports industry. Patents cannot be ignored either, which also play an important role in e-sports, as modern technologies used in games, game control algorithms or innovative platforms can be subject to patent protection. Protection of their own technological solutions is particularly important for companies involved in the supply of e-sports equipment and software for game transmission. It is worth mentioning here the legal provisions regulating the institution of trademarks. This regulation is found in the Industrial Property Law Act. It is worth paying attention to Article 120 section 1 of this Act, which reads as follows:
“Art. 120. [Definition of trademark]
1. A trademark may be any sign that is capable of distinguishing the goods of one undertaking from the goods of another undertaking and that can be represented in the register of trademarks in a manner that allows for the unambiguous and precise determination of the subject of the protection granted.”
Article 153 section 1 of the above-mentioned Act will also be of importance here:
“Art. 153. [Content of the protection right. Entry in the register. Protection certificate. Letter designation. Duration and extension]
1. By obtaining a protection right, one acquires the exclusive right to use the trademark for commercial or professional purposes throughout the entire territory of the Republic of Poland.
11. The granted protection rights for trademarks are subject to entry in the trademark register.
12. The granting of a right of protection for a trademark is confirmed by the issuance of a trademark protection certificate.
13. The entitled person may indicate that his trademark has been registered by placing the letter “R” in a circle next to the trademark .
Another key issue is the issue of game streaming in the context of copyright protection. One of the key legal issues related to game streaming is the issue of content licensing. Video games, as works covered by copyright, must meet certain requirements, such as obtaining appropriate consents for their live broadcast. However, the matter becomes even more complicated when more than one party is involved in the process, such as streamers or tournament organizers. It is worth paying attention to several important aspects of licensing, namely that:
It is also worth noting the relationship between trademark protection and streaming. The legal provision that will apply to trademark protection is Article 296, Section 1 of the Industrial Property Law. It reads as follows:
“Art. 296. [Claims in the event of infringement of the right of protection for a trademark. Authorized persons]
1. A person whose trademark protection right has been infringed, or a person who is permitted to do so by law, may demand that the person who infringed that right ceases the infringement, hands over the wrongfully obtained benefits, and in the case of culpable infringement, also redress the damage caused:
1) on general terms or
2) by paying a sum of money in the amount corresponding to the licence fee or other appropriate remuneration that would be due at the time of claim in return for the consent granted by the entitled person to use the trademark.”
An important issue here is the issue of trademark protection. Namely, during broadcasts, streamers often present logos, characters or other graphic elements from games, which can potentially violate the intellectual property rights of their creators. Therefore, in order to avoid potential legal problems, it is worth applying good practices, such as avoiding the use of protected elements without appropriate permissions. A proper understanding of the regulations regarding copyright and trademarks is crucial for anyone involved in streaming video games. For example, if there are elements such as characters, the form of consent will refer to the provisions of copyright law, while in the case of comments, it will refer to the wording stating that no use without permission is allowed. Next, if there is a logo, the type of consent will be related to the regulations regarding trademarks, while as for comments, it is worth noting that such use will require consent. In the example of video games, it will look as follows, namely in the context of the type of consent, there must be a license for streaming, while in the case of comments, the agreement with the publisher should be checked. In this respect, the following legal provisions of the Copyright and Related Rights Act will play a key role, namely Articles 50 and 21(1), which read as follows:
“Art. 50. [Fields of exploitation]
Separate fields of exploitation include in particular:
1) in the scope of recording and reproducing the work – producing copies of the work using a specific technique, including printing, reprographic, magnetic recording and digital technology;
2) in the scope of trade in the original or copies on which the work was fixed – introducing into circulation, lending or renting the original or copies;
3) with regard to disseminating the work in a manner other than that specified in point 2 – public performance, exhibition, display, reproduction and broadcasting and re-broadcasting, as well as making the work publicly available in such a way that everyone can have access to it at a place and time of their choosing.”
In summary, the protection of intellectual property in the computer games and e-sports industry requires the application of many legal regulations, including, for example, regulations related to copyright and industrial property law. Game licensing plays a key role in shaping the e-sports market. Tournament organizers and streamers must obtain appropriate consents to use games, which is regulated, among others, by the Act on Copyright and Related Rights. Streaming games is associated with the need to comply with copyrights to audiovisual works, as well as regulations regarding content monetization. Intellectual property of players is an issue covering proprietary strategies and methods of play, which in some cases may be protected under Art. 1 of the Act on Copyright and Related Rights. Trademarks, such as game titles and e-sports team names, are also subject to protection under the Industrial Property Law, which prevents their unlawful use. Additionally, patents can protect innovative technological solutions used in e-sports, such as game engines or gameplay algorithms. Due to the dynamic development of the industry, regulations regarding the protection of intellectual property will have to be constantly adapted to new technological and market challenges. Compliance with regulations in the field of licensing, streaming, and the protection of copyright and trademarks is crucial for the safe and stable functioning of the e-sports ecosystem, as well as protecting the interests of both game developers, tournament organizers and players themselves.