Game On: Building an Analytic Framework for Addressing Copyright and Trademark Issues in Mobile Gaming

35 Pages Posted: 2 Sep 2013

See all articles by Sebastian Mejia

Sebastian Mejia

Florida A&M University - College of Law

Date Written: July 10, 2013

Abstract

The mobile gaming industry is a multi-billion dollar international industry. This paper addresses a variety of copyright and trademark issues that could arise for mobile game developers and publishers. The problem of copycat apps and cyber-plagiarism is viewed through an analysis of traditional copyright infringement; fair use; the transformative work doctrine; secondary liability; and the Safe Harbor Provision of the Digital Millennium Copyright Act. A similar analysis is undertaken in the second half of this work under trademark law looking at general infringement and theories such as dilution and false advertisement law.

Keywords: Intellectual Property, Copyright, Trademark, Mobile Gaming, iOS, Android, DMCA, False Advertisement, Trademark Dilution, Secondary Liability, Fair Use, Transformative Works

JEL Classification: K30, K29, K10, K39

Suggested Citation

Mejia, Sebastian, Game On: Building an Analytic Framework for Addressing Copyright and Trademark Issues in Mobile Gaming (July 10, 2013). Available at SSRN: https://ssrn.com/abstract=2319096 or http://dx.doi.org/10.2139/ssrn.2319096

Sebastian Mejia (Contact Author)

Florida A&M University - College of Law ( email )

201 Beggs Avenue
Orlando, FL 32801
United States

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