Lee, Y. (2018) Making videogame history: videogame preservation and copyright law. Interactive Entertainment Law Review, 1 (2). pp. 103-108. ISSN 2515-3870
Abstract
The continued accessibility of older videogames is threatened by the obsolescence of the hardware and software platforms on which they operate and the degradation of the physical media on which they are stored. This has made videogame preservation a topic of increasing concern to cultural heritage institutions. However, established preservation techniques, such as migration and emulation, raise numerous issues under copyright law, as they implicate rightholders' exclusive rights as well as protections against the circumvention of TPMs. This is exacerbated by the difficulty of locating the rightholders for a given videogame. Notwithstanding this, cultural heritage institutions may still take advantage of some flexibilities within the current copyright framework, in particular the exceptions relating to reverse engineering, decompilation, cultural preservation and orphan works, in order to begin the work of videogame preservation. In the longer term, it may be necessary for the sector to collaborate more closely with the videogame industry and to lobby for legislative reform.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2018 Edward Elgar Publishing. This is an author-produced version of a paper subsequently published in Interactive Entertainment Law Review. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | abandonware; cultural heritage; emulation; exhaustion; game preservation; orphan works; technological protection measures |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 31 Oct 2018 15:23 |
Last Modified: | 01 Jun 2020 00:40 |
Status: | Published |
Publisher: | Edward Elgar |
Refereed: | Yes |
Identification Number: | 10.4337/ielr.2018.02.03 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:137835 |