ABSTRACT
This chapter sets out the basics of how copyright works and in what instances copyright issues have arisen in the video game industry. The idea of video game 'cloning' is a particular concern for modern video game developers. The merger doctrine of copyright law states that when there is only one way or a small number of ways to express a particular concept, the expression "merges with the underlying idea" and therefore is unprotectable. The idea–expression dichotomy is one of the fundamental doctrines underlying copyright law and one that served as a focal point in the Tetris case. The Tetris Holding case illustrates the "importance of protecting their work through copyright registration, which is an essential precondition to a lawsuit for copyright infringement". Copyright laws need to adapt to this changing landscape and make protection for video game developers and artists a priority moving forward.
