Is it allowed to sell savegames? Who holds the copyright to savegames?
February 28, 2010 | 20,00 EUR | answered by Bernhard Müller
Dear Sir or Madam,
I have a question!
Who owns the copyright of a savegame, that is, a game progress for console games (Wii, Playstation, Xbox, etc.)?
It is true that the respective companies own the copyright of the games themselves. For example, in Mario Party 8 for Wii, Nintendo holds the rights - right?
But who owns the rights to a savegame file?
All or at least most game progresses are individual, depending on how much or what exactly a player has achieved in a video game. (e.g. unlocked levels, available weapons, collected a certain number of coins, or similar)
So does the player who plays a video game and saves it at a certain point (=savegame file) have the rights to this savegame file or not?
Can one then offer this savegame file for sale on the internet???
Or do the rights to these files also belong to the game developers?
For example, about 100 game progressions are offered for sale on Ebay every day - is this allowed or could one be sued by the game developers for this?
Could I, for example, open an online shop where I offer savegames for sale?!
Thank you for a comprehensive answer!
Dear inquirer,
it depends.
If the savegame file can be played without the actual game needing to be purchased, then it would likely only be considered a modification according to § 23 UrhG. The copyright would then belong to the game manufacturer. Because in this case, the individual modification compared to the original work of the game manufacturer is minimal.
If the game is needed to use the savegame file, then this may be a case-by-case question.
The copyright would belong to the player if they have created a new work through playing, with the original work serving only as inspiration.
In games that have only one correct solution that needs to be approximated, this would not be the case.
In games where the number of possibilities increases with each move, there is a possibility that the game state is your copyrighted work. For example, in chess, after just 5 moves, there are already several million combination possibilities. If you create a task like "checkmate in 3 moves," you can indeed acquire copyright to this game state.
However, "unlocking levels" is not such a significant achievement that the work of the game manufacturer becomes merely inspirational. Because what needs to be done to unlock a specific level has already been thought out during the game's programming and is therefore part of the game manufacturer's copyrighted work. This is especially true if the manufacturer also sells solutions that explain how to unlock the level.
An indication is also whether the game state can only be saved at specific points. If this is the case, it goes against the player's copyright.
If the game can be saved at any time, this supports the idea that the game state of a game with many different solution possibilities is eligible for copyright.
Because these are individual decisions, the case law of different courts varies. A savegame that is considered "free use" under § 24 UrhG by one court, where the player holds the copyright, may be considered a modification under § 23 UrhG by another court, where the game manufacturer still holds the copyright.
Therefore, it is not advisable to open an online shop for savegames.
Sincerely,
Bernhard Müller
Attorney at Law
