Intellectual property law in gaming and artificial intelligence

Enrico Bonadio, Alina Yordanova Trapova · Edward Elgar Publishing eBooks · 2024

This chapter focuses on copyright and patent aspects of AI in gaming. On the copyright side, the central question is what video games are in terms of protectable subject matter. Even though patents have historically attracted less attention, they can be important for some hardware, software, development tools and other middleware companies; yet, as it currently stands the considerable cost tied to patents renders them less utilised in the field. AI has stepped in to not only disrupt classical IP models, but to offer a wide range of immersive interactive experiences for gaming; thus, opening new avenues for exploitation. As far as copyright law is concerned, the infusion of an AI element into the game provokes questions of authorship when it comes to in-game creativity. When it comes to patents and AI in this industry, central issues revolve around whether inventions covering the video games’ mechanics constitute patentable subject matter.

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