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Intellectual property for video games

Most commonly, video games are protected by copyright, though both patents and trademarks have been used as well.

Though local copyright regulations vary to the degree of protection, video games qualify as copyrighted visual-audio works, and enjoy cross-country protection under the Berne Convention. This typically only applies to the underlying code, as well as to the artistic aspects of the game such as its writing, art assets, and music. Gameplay itself is generally not considered copyrightable; in the United States among other countries, video games are considered to fall into the idea–expression distinction in that it is how the game is presented and expressed to the player that can be copyrighted, but not the underlying principles of the game.

Because gameplay is normally ineligible for copyright, gameplay ideas in popular games are often replicated and built upon in other games. At times, this repurposing of gameplay can be seen as beneficial and a fundamental part of how the industry has grown by building on the ideas of others. For example Doom (1993) and Grand Theft Auto III (2001) introduced gameplay that created popular new game genres, the first-person shooter and the Grand Theft Auto clone, respectively, in the few years after their release. However, at times and more frequently at the onset of the industry, developers would intentionally create video game clones of successful games and game hardware with few changes, which led to the flooded arcade and dedicated home console market around 1978. Cloning is also a major issue with countries that do not have strong intellectual property protection laws, such as within China. The lax oversight by China's government and the difficulty for foreign companies to take Chinese entities to court had enabled China to support a large grey market of cloned hardware and software systems. The industry remains challenged to distinguish between creating new games based on refinements of past successful games to create a new type of gameplay, and intentionally creating a clone of a game that may simply swap out art assets.