Tag: Unprotectable copyright

1
In Role-Playing Card Games, Where is the Line Between Protectable Expression and Unprotectable Rules of the Game?

In Role-Playing Card Games, Where is the Line Between Protectable Expression and Unprotectable Rules of the Game?

By Mark Wittow and Eliza Hall

The United States District Court for the Southern District of Texas recently examined the scope of copyright protection for role-playing card games, parsing the use of parallel themes and characters.  The court ultimately granted summary judgment in favor of a distributor accused of infringing a role-playing card game by creating a substantially similar game, but in a parallel (different) setting. This case provides guidance to companies that create games in traditional or digital media, clarifying where the line should be drawn between the protectable expressive aspects of a game and unprotectable rules or underlying ideas and concepts. The court’s decision also provides a helpful illustration of the differing standards applied to motions to dismiss and motions for summary judgment.

Read More

Copyright © 2019, K&L Gates LLP. All Rights Reserved.