From Code To Courtroom: Navigating Copyright In Gaming Software
- IJLLR Journal
- 1 day ago
- 1 min read
L. Anisha, Hidayatullah National Law University
ABSTRACT
The rapid expansion of the video game industry has introduced complex copyright issues, particularly in relation to gaming software. In India, the absence of a sui generis legal framework for video games has resulted in reliance on the Copyright Act, 1957, for protecting different elements of a game. This paper examines the copyrightability of video games with a focused analysis on gaming software. It analyses the classification of gaming software as a computer programme and its protection as a literary work under Indian law, supported by international instruments such as the Berne Convention, TRIPS Agreement, and the WIPO Copyright Treaty. The paper further discusses the scope of economic and moral rights available to authors of gaming software and examines copyright considerations at various stages of game development. Through statutory analysis and key judicial precedents, the paper highlights emerging challenges involving open-source software, generative AI, and reverse engineering. It concludes by emphasizing the need for stronger legal clarity and policy reforms to effectively protect gaming software in India.
