
Inky Implications: Tattoo Copyright and Implied Licenses
On April 19, 2024, after a highly publicized trial, the jury in the copyright infringement case Hayden v. 2K Games, Inc. returned a verdict finding that an implied license existed as to the depiction of tattoos inked by the plaintiff on three professional basketball players in the NBA 2K video game franchise.
DICE 2024 Recap: The Game Changers
Last week, the Academy of Interactive Arts & Sciences (AIAS) held the 2024 DICE Summit, an annual event for developers, publishers, media representatives, and other people in the games industry to come together and interact face to face for a few intensive days of meetings, pitches, and networking.
Epic v. Google: A Horse of a Different Color
On December 11, 2023, the jury in the Epic Games, Inc. v. Google LLC et al antitrust litigation handed Epic a significant victory after less than four hours of deliberation, finding that Google wielded unlawful monopoly power within the Android app distribution and in-app billing services.
And the Dance Goes On: Hanagami v. Epic Games Inc. and the Future of Choreography Lawsuits
On November 1, 2023, the Ninth Circuit delivered its decision in the appeal of Hanagami v. Epic Games Inc., reversing the Central District’s grant of defendant Epic Games’ motion to dismiss in the copyright infringement lawsuit brought by choreographer Kyle Hanagami.
Microsoft’s AI Indemnification Promise: A Potential Game-Changer?
On September 7, 2023, Microsoft announced a new “Copilot Copyright Commitment” for users of its suite of AI-powered tools, following their earlier “AI Customer Commitments” policy statement in June.
Starfield, Mods, and Derivative Works - an In-Depth Look
With the upcoming release of Starfield, developer Bethesda has advertised that its game will have “full mod support,” even claiming it will be a modder’s “paradise.”
Never a Dull Moment in Kids’ Privacy: The FTC Goes After Xbox
Mere months after making waves with a historic $520 million penalty against Epic Games (which we wrote about previously here), the FTC has followed up with another $20 million penalty against Microsoft in connection with its Xbox Live service.
Epic v. Apple: So… What Now?
The Court of Appeals for the 9th Circuit recently affirmed the 2021 district court ruling in Epic Games v. Apple.
2023 GDC Recap: As Belts Tighten, Developers Cautiously Turn to AI
With the specter of COVID looming less large over the proceedings, this year’s Game Developer’s Conference (GDC) had the potential to be a return to the Conference’s “glory days” as a place where game developers and lawyers from all over the world could meet, exchange stories, and generally party the night away.
Zarya of the Dawn: Is the Sun Setting on the Copyrightability of AI-Generated Works?
At the end of February, the U.S. Copyright Office made waves again when it announced it was revoking a comic book author’s copyright registration in the AI-generated images used within their book Zarya of the Dawn.
New Extra Credits Video: “Why Using AI Art is Dangerous in Games”
Tyz Law Group attorneys Joe Newman and Jonathan Downing announced a new collaboration with popular gaming YouTube channel Extra Credits, discussing the legal issues surrounding the use of artificial intelligence for content creation, particularly in the world of video games.
The Illusory Wall: Wizards of the Coast and the Dangers of Ambiguous Licensing
The Dungeons & Dragons (“D&D”) Players Handbook for the game’s Third Edition, first published in 2000 by Wizards of the Coast (“Wizards,” parent company Hasbro), contains a chapter dedicated to spells that characters may learn and cast within the game.
The Epic Games FTC Settlement: 3 Unsurprising Things, 3 Surprising Things, and 3 Takeaways
In a bombshell announcement, the FTC announced Monday a historic $520 million penalty against Epic Games, creators of the popular game Fortnite.
The California Age-Appropriate Design Code Act: A Primer
The hot new privacy law (well, one of many) is the California Age-Appropriate Design Code Act (CA AADCA), which the California Senate passed at the end of August and was just signed into law by Governor Gavin Newsom.
Operation Games Industry Law Summit – Vilnius, Lithuania
Mission: Connect with other legal professions and learn the latest developments in games law.
“Play To Earn” Gaming and the Growing Crypto-Backlash
The Tyz Law team has partnered with popular gaming and educational YouTube series Extra Credits for a special informative video discussing “Play To Earn” blockchain-enabled gaming initiatives.
Level Up: Why Video Game Companies Should Register Their Trademarks, Early and Often
A trademark is a word, phrase, symbol, design, or a combination of these things that identifies your goods or services, creates brand recognition, and distinguishes you from your competitors.
Epic Cracks the Door to Apple’s Walled Garden: Takeaways for iOS Developers and What Comes Next
The Northern District of California issued its judgment in the bellwether antitrust case Epic Games, Inc. v. Apple Inc. on September 10, 2021, after a 3‑week bench trial.
Supreme Court and Second Circuit Approach Fair Use in Divergent Opinions – Key Takeaways for Video Games Companies
The Supreme Court’s April 5, 2021 decision in Google LLC v. Oracle America, Inc. and the Second Circuit’s March 26, 2021 decision in Andy Warhol Foundation v. Goldsmith both applied the fair use doctrine to claims of copyright infringement, but came to different conclusions.
How Video Game Companies Can Stay Out of the FTC’s Crosshairs: Avoid Inadvertent Violations of the Children’s Online Privacy Protection Act (COPPA)
Penalties for violating the Children’s Online Privacy Protection Act of 1998 (COPPA) can be extreme.