Rapidly converting interests and risking it all, as seen with the popular mobile game “Genshin Impact,” which even earned praise from Apple CEO Tim Cook, has become one of the cases discussed in a session held by the People’s Court of Xuhui District, Shanghai titled “Strengthening Copyright Protection to Boost the Development of the Game Industry.” Yesterday, a seminar on copyright protection and themes in the game industry was organized.
In this case, the defendant was a “YouTuber.” Three individuals—Qian, Si, and Bai—uploaded videos of the game “Genshin Impact” on a platform, which included the unreleased game character “Firaga.” MiHao Technology Co., Ltd., which developed and operated the original role-playing game, has made “Genshin Impact” a global sensation and it has become one of the most influential gaming companies in China and the world. MiHao owns the copyrights to the software of the game, as well as the character images, clothing, and the continuous scenes that appear during its operation.
In all three cases, the “Firaga” character image was published before it was released on a website, where a game “YouTuber” had uploaded unauthorized videos containing the “Firaga” character. These actions infringed on the plaintiff’s information network right to “Firaga.” After a trial, all three defendants compensated the plaintiff for their losses and reasonable expenses. Xuhui District Court’s Intellectual Property Division Chief Wang Li-min explained, “Music, images, and texts in online games can all independently constitute works. Characters with excellent designs and originality, which build the foundation for commercializing games, have significant market value.”
Illustration: Firaga
In addition to “Genshin Impact,” multiple popular games like “Overwatch” have also faced troubles. A joke has even emerged that the “Four Musketeers” of Shanghai games are based in Xuhui. Indeed, a large number of key creative enterprises in content and technology are concentrated here. From 2012 to 2022, Xuhui District saw 11 units awarded the title of Copyright Advantage (Demonstration) Units and 3 parks awarded the title of Copyright Advantage (Demonstration) Parks.
To protect them, a “wall” must be fortified. Since 2018 to March 2023, the Xuhui District Court has handled 33 cases of intellectual property disputes related to online games, with the number of cases growing steadily each year. Yesterday, at the event, government departments, industry experts, service providers, and related game enterprises, including LiLiSi Games and MiHao Technology, jointly signed the “Copyright Protection Industry Initiative,” calling on all game industry professionals to create a healthy and orderly game industry copyright environment, fostering a culture of innovation and respect for creation, and continuously enhancing the credibility of the gaming industry.