Challenges encountered by intellectual property holders in the global gaming industry when exploring innovative methods for utilizing game intellectual properties?
In the current financial climate, with increasing competition and a resurgence of the 90s and 00s, game intellectual property (IP) has become a significant revenue stream for many companies. This boom has led to a diverse range of exploitation methods, from traditional game-related films and TV shows to brand partnerships and merchandise collaborations.
One of the most visible examples of IP exploitation is the rise of game-themed films and TV shows. Recent releases such as The Last of Us, Arcane, The Witcher, Fallout, A Minecraft Movie, Sonic the Hedgehog 3, and The Super Mario Bros. Movie have captured the public's imagination.
Established studios and IP owners are pushing the boundaries of merchandise, with collaborations ranging from luxury brands and cookbooks to Lego sets and makeup collections. For instance, Sonic the Hedgehog bathrobes and Elder Scrolls bottle openers are now common finds.
As the scope of IP exploitation expands, it is crucial for companies to reaffirm what IP rights they hold, especially when considering new methods of exploitation. Clauses around control can help ensure a balance between creative freedom and maintaining an overarching canon.
In the digital realm, original game soundtracks are now available on streaming platforms, with some IP owners going further by releasing music videos for popular in-game tracks or hosting virtual music concerts on the game's platform.
The game industry has been exploiting its game IP since the 1990s, with examples including Pokémon, Mortal Kombat, Tomb Raider, and Resident Evil. Spin-offs for popular games are now common, with examples including Elden Ring Nightreign and Final Fantasy Tactics.
Remasters of older games have also become a trend, with releases such as the Dragon Quest III HD-2D Remake and Oblivion Remastered. However, the days of console exclusivity are fading, with many popular games being distributed across multiple platforms at launch or soon after.
Discussions relating to IP can get complex, especially when there is a comingling of IP or competing expectations on ownership. Effective due diligence and robust contractual arrangements are required to ensure appropriate protection for IP owners, particularly when operating in new markets or novel scenarios. Legal teams should be included early and sufficiently in initiatives to mitigate potential downsides that could adversely impact or jeopardize the project or IP more broadly.
Counterparties in this space can range from small, relatively unsophisticated regional companies to global juggernauts, each with their own challenges. Brand partnerships are common, with examples including collaborations with Lego, Minecraft Crocs, and Yorkshire Tea.
However, with the increasing complexity of IP exploitation, it is critical to understand what IP is being created, particularly when there are derivatives of existing IP. Maintaining control and visibility over arrangements with third parties is important to mitigate the risk of the loss of control or the IP being in the wrong hands. A risk analysis may be necessary if necessary rights or consents have not been obtained for new methods of exploitation.
Despite these challenges, the potential for growth in the game IP sector remains immense. As companies continue to innovate and explore new ways to exploit their game IP, it is essential to navigate these complexities with a clear understanding of the rights and risks involved.
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