Intellectual Property (IP) Management and Legal Framework in Cyberpunk 2077 Presented by: Mike Dunford and Salvatore Fasciana, supervised by Dr Gaetano Dimita, and Dr Michaela MacDonald. IP Components of the Product - - - - Copyright • Code • Story • Graphics • Concept & in-game art • Music and Sounds • User Interfaces • Motion-Capture • Voice Acting Trade Marks • Company Name • Company Logo • Game Title • Distinguishable "Catch Phrases" associated with the game Trend Setter • Pricing Information • Development Tools • Developers' know-how • Deal Terms Patents • Inventive Gameplay or • Game Design Elements • Hardware Technical • innovations • Software Technical innovations - - - Registered Design • Box Design • 3D Models and Environments • User Interfaces • Fictional Marks • Video Game Streams • YouTube Videos • Modifications • Unauthorized • Merchandising ? "You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons." (iTunes) - It is not permitted: [...] To use it contrary to morality or the laws in force. (Far Cry 3: Blood Dragon) - To grant Us a non-transferable option to claim, for now and forever more, your immortal soul. Should We wish to exercise this option, you agree to surrender your immortal soul, and any claim you may have on it, within 5 (five) working days of receiving written notification If you a) do not believe you have an immortal soul, b) have already given it to another party, or c) do not wish to grant Us such a license, please click the link below to nullify this sub-clause and proceed with your transaction. (GameStation) The End User License Agreement - EULA - To ensure the publisher has the rights it needs to protect its interests in the game. - To manage and limit the potential liabilities of the publisher with respect to the game. - Clarify compliance of the publisher with consumer protection law. - Establishes some rules about what you can and cannot do with games and services Licensor vs License - Licensor • - License • - Permission to Use Monetary Compensation A license for a video game is a... PRODUCT LICENSE... Because it encompasses all IP rights necessary to reproduce and use the product A Limited, Revocable, Non-Sub Licensable, And Non-Exclusive License - Revocable • The right to use the software is limited. • First it means that, in presence of an infringement of this license, the publisher is entitled to suspend or revoke your license to use the Platform, or parts, components and/or single features of the game - Non-Sub Licensable • Exclusive: only the licensee can use the licensed intellectual property or technology (the licensor cannot use or license it); • Sole: the licensor agrees not to grant any additional licenses but retains the right to make use of the intellectual property. - • Non-Exclusive: the licensee and the licensor can both • use the licensed intellectual property or technology. • The licensor is also allowed to negotiate further non- exclusive licenses. Non-Exclusive • Licensor does not give any sublicensing rights to the final user. Suspension of the Product License - "...if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following..." Derivative Works - Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform; Cheating, Botting, Hacking and Modding - Cheats (Alteration of the code to facilitate the game in order to have a competitive advantage) - Bots (piece of code that alter the original source code in order to have automated control of a game) - Hacks (accessing or modifying the code for any reason); - Mods Commercial Use - Playing the Game at commercial establishments / gathering in-game currency, items, or resources for sale outside of the Platform or the Game(s) / performing in-game services including, without limitation, account boosting or power-leveling, in exchange for payment; organizing, promoting, facilitating, or participating in any event involving wagering on the outcome of the game, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization. eSports: - Use the Platform for any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity without obtaining additional authorization Cloud Computing - Use the Platform, including a Game, in connection with any unauthorized third-party "cloud computing" services, "cloud gaming" services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device. Data Mining - Use any unauthorized process or software that intercepts, collects, reads, or "mines" information generated or stored by the Platform; Duplicated Items - Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform. Player Creativity & Intellectual Property - Publishers own and reserve all rights, title and interest [...] and all data and content posted, generated, provided or otherwise made available. - Game Content: user accounts, computer code, titles, objects, artifacts, characters, character names, chat logs, game recordings and broadcasts, locations, location names, stories, dialog, catch phrases, artwork, graphics, structural or landscape designs, animations, sounds, musical compositions and recordings, virtual goods, in- game currency, audio-visual effects, character likenesses, methods of operation and gameplay. - You can't create any work of authorship based on the Game Content or Riot Services except as expressly permitted by us. - Limited license for you to use, display and create derivative works based upon (Publishers) IP, strictly for noncommercial purposes. - You can't create any work of authorship based on the Game Content except as expressly permitted by us... - We allow passive ad revenue generation for some content, subscriptions and donations on streaming channels, and some commercial projects. - Don't just rip off or add some light commentary to existing content (e.g. esports match, other player videos). - Please make your own, original contribution to the community. - If we spotlight a fan Project or make something that resembles what a fan might have made - We don't want to be sued, so you give us permission to spotlight or share your Project with the world. - More specifically: you agree that we may use, copy, modify, distribute, and make derivative works of your Project in any form, on a royalty-free, non-exclusive, irrevocable, transferable, sub-licensable, worldwide basis, for any purpose and without having to credit you, pay you anything, or obtain your approval. - Players are not just users nor consumers... - Video Game production is not completed at launch. But it is an ongoing process where professional and non-professional creativity coexist - The value is beyond property - Whether the creative effort in playing a video game is enough [...] to make each performance of a video game the work of the player and not the game's inventor.