What is mine in Minecraft? Assessing the copyright and ownership of in-game player creations (Part 2)

Abstract

The previous article examined the issues surrounding the eligibility for in-game creations to be protected by copyright, and concluded that depending on the nature of the game and the type of creation that it could be protected by copyright. However, whilst an in-game creation could be copyrighted, it is unclear who actually owns it. In this second part of the article, the questions and issues surrounding the ownership of the in-game creation will be addressed. It will first examine following copyright rules on authorship whether players, game developers, or both parties could be considered authors and in turn owners of in-game creations. It will then assess and consider if End User License Agreements are valid contracts and whether assignment clauses which circumvent any copyright ownership which players might have are enforceable.