Game On: Building an Analytic Framework for Addressing Copyright and Trademark Issues in Mobile Gaming
35 Pages Posted: 2 Sep 2013
Date Written: July 10, 2013
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: Suggested Citation