Video Game Industry and User-Generated Content: A Dynamic Interplay Between Laws and Video Game Community Norms

Abstract

In the course of the past few years, the traditional model of media production, based on the premise that content is produced by professional creators and then consumed by passive audiences, has become increasingly outdated. The development of new digital media networks and online content-sharing platforms has bridged the divide between creators and consumers, and significantly changed the way in which culture is produced, distributed and consumed. From user reviews and blogs to video ‘mashups’ and music remixes, it is clear that members of the public want to actively participate in the creation of original media content. On the other hand, many media producers feel very differently about the creative desires of their fans. Wishing to protect their intellectual and commercial interests, they frequently rely on intellectual property laws and license agreements to either completely restrict their fans’ rights to create user-generated content or, alternatively, seek to secure legal ownership of all such content. At first glance, it may seem that only one side’s interests can prevail. Focusing on the video game industry, this paper will argue that a compromise is possible. The interactions between developers and publishers of video games, and fans engaged in the creation of video game modifications show that IP owners can unlock the creative potential of their fans without having to surrender control over their IP or fan-made works. In fact, by departing from their standard deterrence-based strategies for IP protection, acknowledging the existence of community norms, and actively engaging in an open dialogue with their fans, IP owners can not only secure greater compliance with, and even increase the normative support for, their rules and policies but, potentially, also discover a more effective solution to the problem of piracy and online IP infringement.