Released on 20 August 2024, Black Myth: Wukong has quickly become one of the fastest-selling games of all time. Based on the classic Chinese novel Journey to the West, the game focuses on the story of Sun Wukong, also known as the Monkey King. In this article, we will explore the intellectual property (IP) strategies employed in the game industry, using Black Myth as a reference.
Copyright Protection in Online Games
Copyright plays a critical role in protecting various elements of gameplay. These include the game code, visual assets (such as user interfaces, characters, costumes, environments, and textures), audio (music and sound effects), and narrative elements (like dialogue and storyline).
Copyright is automatically granted as soon as these works are created and fixed in a tangible form. However, registering them with a copyright office provides additional legal benefits. Territories like the US and China offer copyright registration services, as demonstrated by the registrations made for Black Myth.
Software Copyright
The game software for Black Myth: Wukong was registered for copyright protection on 20 January 2023, ensuring that the game’s code is legally protected.
Artistic Work Copyright
The artistic assets used in the game were registered under names such as:
- “Black Myth: Wukong Art Assets”
- “Black Myth: Wukong – 5801 Model”
- “Black Myth: Wukong – A Model”
- “Black Myth: Wukong Deluxe Physical Edition – Golden Hoop”
Music and Literary Work Copyright
While there is no public information available regarding the copyright registration for music and literary elements, these will likely follow the same protection path.
Neighbouring Rights
Promotional videos and gameplay demonstrations are registered as audiovisual works, further securing IP rights for Black Myth in these areas.
Trademark Protection for Online Games
Trademark protection extends to game names, logos, character names, and identifying elements. In the case of Wukong, its producer has registered trademarks for names such as:
- “Black Myth: Wukong”
- “Black Wukong”
- “Black Myth”
These trademarks are registered across all 45 classes, covering a wide range of goods and services. Additionally, the producer sought to trademark the release date of the game, further protecting the brand globally.
Patent Protection in Online Games
Various aspects of online games can be patented, including hardware devices, gameplay mechanics, software algorithms, and user interface (UI) elements. For Black Myth: Wukong, the producer filed several patent applications in 2016, including:
- “Data visualization system and method based on HTML5” (CN201610147591.4)
- “Server and service processing method thereof” (CN201610146518.5)
- “A recommendation method and server in respect of an online game” (CN201610122396.6)
Although these applications were ultimately refused or withdrawn, the producer’s attempt highlights the importance of considering patents as part of a comprehensive IP strategy in gaming.
Exclusions from Patent Protection
According to China’s Patent Law, certain aspects of online games are excluded from patent protection. These include screen wallpapers, start-up and shutdown screens, and webpage layouts that are not related to human-computer interaction or computer game methods.
Conclusion
The case of Black Myth: Wukong underscores the importance of a robust IP strategy in the online gaming industry. From copyright to trademarks and patents, each form of protection plays a crucial role in safeguarding a game’s brand, assets, and revenue streams. For comprehensive guidance on protecting your brand globally, Lawdit Solicitors offers expert legal advice and support.
For more information on IP protection for online games, contact Lawdit Solicitors at info@lawdit.co.uk.
How does copyright protect online games like Black Myth: Wukong?
Copyright protects the game’s code, visual assets, audio, and narrative elements. Registering these elements with a copyright office provides additional legal benefits.
What elements of an online game can be trademarked?
Game names, logos, character names, and other identifying elements can be trademarked to protect a brand globally, as seen with Black Myth: Wukong.
Can gameplay mechanics and software be patented in online games?
Yes, aspects like gameplay mechanics, software algorithms, and UI elements can be patented, although certain exclusions apply under China’s Patent Law.
What are neighbouring rights in the context of online games?
Neighbouring rights protect audio-visual works, such as promotional videos and gameplay demonstrations, as seen in the case of Black Myth: Wukong.
How can I protect my online game IP globally?
A comprehensive IP strategy, including copyright, trademark, and patent protections, is essential for safeguarding your online game brand worldwide.
