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Copyright Law In India & The Gaming Industry: Identifying Legal Deficiencies And The Need For Reform




Vanshika Bhatia, Amity Law School, Amity University, Noida


ABSTRACT


The gaming industry in India has witnessed exponential growth in recent years, yet it remains significantly under protected when it comes to copyright law. The current legal framework under the Indian Copyright Act, 1957, struggles to address the unique challenges posed by video games, interactive media, and user-generated content. The absence of specific provisions and the growing issue of copyright infringement highlight the need for reform. This paper explores the existing copyright law in India and its application to the gaming sector, identifying critical legal deficiencies that hinder the protection of intellectual property (IP) within this thriving industry. The study examines the scope of the Copyright Act and its limitations in safeguarding the creative elements of video games, such as software code, design, artwork, and music. It also delves into the complexities of protecting game mechanics, which are often left vulnerable to unauthorized duplication. Furthermore, the paper analyzes the issue of user-generated content, which presents additional challenges in IP enforcement, especially in an era of online and mobile gaming. The paper also compares India's copyright system with international standards, highlighting the shortcomings and proposing potential reforms to address these gaps. The research concludes with a set of recommendations aimed at enhancing copyright protection for the gaming industry in India. These include specific amendments to the Copyright Act, creating a clearer framework for the protection of game mechanics, and strengthening enforcement mechanisms using technological solutions like blockchain and digital rights management. The proposed reforms aim to foster a more secure environment for both game developers and consumers, ensuring the continued growth of India's gaming industry.


Keywords: Copyright Law, India, Gaming Industry, Intellectual Property, Legal Deficiencies, Reform, Video Games, User-Generated Content, Protection, Blockchain.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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