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Use of the spatial data in the video games environment – intellectual property law issues

Radomiński Konrad

GIS Odyssey Journal

2023

Vol. 3, no. 2

65--87

Article focuses on the problem of copyright protection of spatial data used to create and perform multimedia works. Multimedia are hybrid works because they are constructed from two main layers (audiovisual work and computer program) but should be treated as one product according to the copyright. Thus spatial data included inside such a works have to be protected within them as a one product. Video games were chosen as an example of multimedia (hybrid) works. First chapter shows crucial role of (mostly) artificial spatial data in the creation and usage of video games. Spatial data describe game environment’s location of every (audio)visual object but are encoded in, and used by computer program to perform video game properly. As such spatial data are one of the reason for treating video game as unified product, consisting amalgamation of its elements. Because spatial data are binder of the video game both layers, they should not be subject of separated copyright protection. Thus to protect spatial data included in video game, the video game itself needs to be protected properly. However, because video games are hybrid works, they legal nature is not determined yet. There is also no legal definition or specific copyright regulation for video games. Because of this legal loophole, different doctrinal concepts together with European Court of Justice judgements, on the video game’s copyright protection, were analyzed. This was analyzed in chapter two. Conclusions consist statement that lack of video games legal nature’s determination, and caused by this lack of specific copyright protection of video games may lead to not enough copyright protection of the video game as a whole product as well as spatial data included inside. Specific regulation instead of casuistic judgements is needed, for ensure the video games market grows.