Overview of Video Game Character Copyright

Video game characters, like any other creative work, are subject to copyright laws. This article explores the legal landscape surrounding the use of video game characters in various contexts, including fan works and official storylines. Understanding the complexities of copyright law in this domain is crucial for creators to avoid potential legal pitfalls.

Are Video Game Characters Copyrighted?

Yes, video game characters are copyrighted. This is a well-established fact protected under copyright law. The creators of these characters have exclusive rights to control how they are used, adapted, and distributed. The copyright period lasts for 70 years after the death of the author, and if the work is a corporate creation, the copyright lasts for 95 years from publication or 120 years from creation, whichever is shorter. This means characters from newer video games are highly unlikely to fall into the public domain for a long time.

Can I Use a Video Game Character in My Story?

Using a video game character in your story without permission is a significant violation of copyright law. It is considered copyright infringement and can lead to legal action, including lawsuits and cease-and-desist orders. However, fans often engage in fan fiction and creative works inspired by these characters. If you are creating for personal enjoyment or for non-commercial purposes, your actions may be less likely to generate legal problems. For commercial use, obtaining permission from the copyright holder is mandatory.

Public Domain Status of Video Game Characters

Despite the extensive copyright protection, certain video game characters may eventually enter the public domain under specific circumstances. Pong, for instance, was released in 1972 and has likely faced copyright renewal over the years. In the United States and many other countries, the general rule is that copyright lasts for 70 years after the death of the author or 95 years from publication for corporate works. However, this rule can vary by country and specific game development details.

For older video games, the copyright expiration date can be calculated from the initial release date. For instance, Pong and black and white vector versions of Asteroids may enter the public domain around 2067 in the United States. It is important to research the exact copyright status of a character, especially if you plan to use it in a project that could be considered public.

How to Determine Public Domain Status

To determine if a video game character is in the public domain, you can follow these steps:

Check the Release Date and Copyright Information: Look for the release date and any Copyright notices on the game cover, manual, or online documentation. This can give you an idea of the copyright period. Consult the Publisher’s Website: Many publishers maintain a legal section on their websites that outlines their copyright policies and public domain status. Use Online Resources: Websites like the U.S. Copyright Office and Tidelake provide valuable resources and timelines for determining public domain status. Search Public Domain Websites: Websites like the Project Gutenberg and Internet Archive can help you find works that have entered the public domain. Wikipedia and Academic Sources: Wikipedia often includes public domain information for notable characters. Academic research can also provide insights into copyright expiration dates and public domain transitions.

By taking these steps, you can research the copyright status of a character before incorporating it into your work.

Conclusion

Understanding the copyright status of video game characters is essential for creators, especially for those planning to use or adapt these characters in stories. While using copyrighted characters without permission is generally prohibited, certain older characters may eventually enter the public domain. By following the guidelines and researching the copyright status, creators can avoid legal issues and ensure that their works remain compliant with copyright law.