Intellectual property within the video game and film industries : a comparative legal analysis

Abstract

Owing to the exponential growth and development of the video game and film industries, the role played by intellectual property law within these two entertainment industries is fundamental in order to ensure that both industries keep growing and developing, whilst encouraging further innovation and creativity. Thus, the aim of this dissertation is to compare the video game and film industries from an intellectual property law perspective. This dissertation will seek to analyse and investigate the role played by intellectual property in the video game and film industries, whilst highlighting the intellectual property protection needed in both mediums respectively and some of the fundamental legal issues that are present in both industries respectively. Therefore, this dissertation will analyse and compare the similarities and differences that are present in the video game and film industries from an intellectual property law perspective in a systematically manner. Moreover, where appropriate, comparisons will be made between the European, Maltese and International, particularly American, intellectual property legal regimes.

As to the layout of this dissertation, it will begin by a brief Introduction Chapter, in order to outline the structure of the dissertation and introduce the topics and certain notions to the reader. Chapter 1 will then analyse the role of intellectual property within the video game industry and how this applies to video games. Similarly, Chapter 2 will analyse the role of intellectual property within the film industry and how this applies to films. Chapter 3 will then compare both industries and highlight the similarities and differences between video games and films from an intellectual property law perspective. Lastly, in the Conclusions Chapter, in light of the findings of the preceding chapters, general observations and recommendations will be made.