Rapidly converting interests and the swift yet perilous nature of attracting traffic and hot topics are highlighted in the case of the highly popular game “Genshin Impact,” which has become one of the cases discussed at the Shanghai Xuhui District People’s Court’s “Today’s Law.” Yesterday, a thematic seminar titled “Strengthening Copyright Protection Foundations to Boost the Game Industry” was held in Xuhui District, where discussions centered not only on copyright issues in the gaming industry but also on the importance of copyright protection.
In this case, the defendant was a “vlogger.” Season, Si, and Pei, three individuals, uploaded videos of the game “Genshin Impact” on a platform under their respective accounts. These videos included the character “Firaga Wenye,” an unreleased game character. The plaintiff, MiHoYo Technology Co., Ltd., which developed and operated the original role-playing game “Genshin Impact,” has enjoyed widespread popularity globally, making it one of the most influential gaming companies in China and the world. MiHoYo holds the copyright to the game software, as well as the character images, costumes, and continuous visual scenes that appear during gameplay.
In all three cases, the game character “Firaga Wenye” had not been released before a game vlogger from another platform uploaded videos featuring the character through an internal test. These actions infringed upon MiHoYo’s exclusive right to disseminate the character image through the internet. After a trial, the three individuals were each ordered to compensate for the plaintiff’s losses and reasonable fees. Xuhui District Intellectual Property Court Chief Judge Wang Li-min explained, “The music, images, and text in a game can all constitute independent works. Characters with exquisite designs and high originality, which form the basis for commercialization in games, have immense market value.”
Image: Firaga Wenye
In addition to “Genshin Impact,” multiple popular games such as “Overwatch” have also faced challenges. Many joke that Shanghai’s ‘Four Games’ are based in Xuhui. Indeed, this district is home to a cluster of key cultural and creative enterprises, from content to technology and copyright, with 11 units winning Shanghai Copyright Advantage (Demonstration) Units from 2012 to 2022. And 3 parks have received the same award. To protect them, the “fortress” must be reinforced. Between 2018 and March 2023, the Xuhui District People’s Court in Shanghai handled 33 cases related to intellectual property disputes in the gaming industry, with the number of cases increasing year by year.
Yesterday, the government, industry experts, and service providers shared insights on policies, case analyses, registration practices, and service promotion. They also signed the “Game Industry Copyright Protection Initiative” jointly with the Xuhui Culture and Tourism Bureau and the Xuhui Intellectual Property Bureau, as well as companies like Liliti Games and MiHoYo. The initiative urges the gaming industry to create a healthy and orderly copyright environment for the game industry, fostering an atmosphere of innovation and respect for creation. This, in turn, aims to continuously enhance the credibility of the gaming industry and drive its sustainable development. (Xinmin Evening News reporter: Hua Xinyi)