Copyright Protection Of Video Games In India: Addressing Legal Uncertainty In Protecting Game Mechanics And Virtual Assets
- IJLLR Journal
- Jun 13
- 2 min read
Pranjal Taparia, Presidency University
Samikshaa, Presidency University
Aleti Sanjana Reddy, Presidency University
ABSTRACT
The accelerated growth of the video game industry has reshaped gaming into a significant component of the global digital economy. Video games are multifaceted multimedia creations that combine software code, artistic works, music, audiovisual content, characters, and interactive gameplay systems. Despite the increasing economic and cultural importance of the gaming industry, the Indian legal framework governing copyright protection remains fragmented and inadequate in addressing the unique characteristics of video games. Unlike several foreign jurisdictions, Indian copyright law does not recognize video games as a distinct category of copyrightable work and instead protects their individual components under separate categories of the Copyright Act, 1957.
This paper examines the scope of copyright protection available to video games in India, with particular emphasis on the legal challenges connected with protecting game mechanics and virtual assets. The study adopts a doctrinal research methodology involving the analysis of statutes, judicial precedents, international conventions, and scholarly literature. It explores the operation of the idea-expression dichotomy to gameplay mechanics and highlights the resulting vulnerability of game developers to replication and duplication. The paper further analyzes the uncertain legal status of virtual assets such as skins, avatars, in-game currencies, and digital collectibles, which increasingly possess substantial real-world economic value.
The research identifies significant gaps in the existing legal framework, including the absence of extensive judicial guidance, the lack of endorsement of video games as composite works, and inadequate regulation of digital ownership rights. It also examines emerging issues relating to user-generated content, streaming platforms, and virtual economies. Through a comparative examination of international approaches, the paper argues for the need to modernize Indian copyright law to accommodate the evolving realities of digital gaming. The study concludes that an advanced and technologically responsive legal framework is essential to ensure robust protection of innovation, investment, and creativity within India's rapidly growing gaming industry.
Keywords: Video Games, Copyright Law, Intellectual Property Rights, Game Mechanics, Virtual Assets, Digital Ownership, Gaming Industry, Copyright Act 1957, User-Generated Content, Interactive Media, Digital Economy, Copyright Infringement, Online Gaming, India.
