EPIC-WE is a project that empowers youth to create games while fostering European identity and cultural heritage. It operates through Quadruple Helix Hubs—collaborations between creative industries, cultural institutions, academia, and young participants. The project focuses on providing the necessary tools, including knowledge of intellectual property and legal frameworks, to support the creation of games by Youth Members. Gaetano Dimita is a Reader in Interactive Entertainment and Intellectual Property (IP) Law at the Centre for Commercial Law Studies (CCLS), Queen Mary University of London. With a focus on Games and Interactive Entertainment Law, Gaetano contributes to EPIC-WE by exploring how legal frameworks influence game creation and gameplay experiences. His expertise helps ensure that EPIC-WE supports the design of better games and the development of positive and inclusive online communities.
Could you please introduce yourself, highlighting your professional journey and expertise? How do your experiences complement and contribute to the central themes and initiatives of EPIC-WE?
I am a Reader in Interactive Entertainment and IP Law, specializing in intersections among games, art, and technology. At Queen Mary University, I teach courses like Interactive Entertainment Law and Esports Law, run the Interactive Entertainment Law Review, and organize the More Than Just a Game conference series. I work with the World Intellectual Property Organization (WIPO) on projects like Mastering the Game, helping developers navigate IP and contract law. My research also explores video game preservation as “born digital” cultural heritage, advocating for recognition of game museums and addressing IP challenges.
In EPIC-WE, I contribute to designing training tools and examining how games shape societal rules. Video games offer a unique lens to study governance and cultural frameworks, a passion I pursue both academically and as a lifelong gamer and collector.
How has the video game industry approached supporting community creativity, and what legal challenges do creators face in monetizing and protecting their work?
The video game industry has been relatively proactive in supporting community creativity compared to other industries. Early examples include open letters to machinima creators—those who made elaborate films using video game engines—encouraging their work but imposing vague restrictions that didn’t amount to proper licenses. Over time, user license agreements evolved, with some offering broad freedoms for creative works as long as they adhered to certain guidelines (e.g., respecting age ratings and avoiding offensive content). Others are much stricter, claiming ownership over user creations or requiring perpetual, royalty-free licenses for any derivative works. This uncertainty extends to modern platforms like YouTube and Twitch, where creators build livelihoods through “let’s play” videos or streams. While these activities involve significant creative input, the legal framework often doesn’t recognize or protect their originality. Despite their creativity, these streamers and video creators are in a vulnerable position legally. Moreover, many secondary creators lack the knowledge to navigate advertising regulations or copyright laws effectively. This is particularly concerning given that some earn significant incomes through sponsorships or ads. While professional creators should seek legal counsel—especially when managing large sums—it highlights a broader need for education in copyright and advertising laws. Many digital creators do not fully understand the implications of their actions or how to safeguard their creative output. If we want to build a sustainable creative economy, it is essential to educate creators on their copyright and legal rights, so that they can protect and monetize their work effectively.
Could EPIC-WE serve as a platform for interdisciplinary collaboration, bringing together youth, creatives, researchers, and policymakers to co-develop guidelines and value-based frameworks for the future of game-making?
Yes, but it requires a two-phase approach. First, we need to assess the current state of knowledge — what do participants in game jams understand about copyright, licensing, and ownership issues, and how does it influence their creations? Without proper agreements, commercialization becomes difficult. Questions like who created key assets, which software was used, and whether AI tools could impact confidentiality must be addressed early.
In a second step, the project can help participants to document their work properly. Without documentation, great projects can fail, especially if contributors disagree on rights. Simple solutions, like tracking authorship in spreadsheets, can prevent future disputes, and publishers often require this information. Initiatives like Level Up Your IP provide user-friendly resources to educate creators on legal risks, such as using copyrighted material or cultural heritage elements (i.e. landmarks such as the Eiffel Tower). By integrating IP awareness early, creators can avoid costly mistakes and adapt their projects when necessary.
How can we empower creators with the right tools and knowledge from the very beginning of a Cultural Game Jam?
IP exists to protect the creations of developers and, by extension, the rights of the creators. For creators, whether they are artists, designers, or inventors, the urge to create is deeply human and represents one of the highest forms of expression. However, to sustain a livelihood from creative work, creators need to balance their creativity with an understanding of the legal framework that enables them to retain control over their work. IP is essentially a system that creates a connection between creators and their intellectual works, akin to owning a physical object. Unlike a physical item, the value of intellectual creation often lies in its ability to be shared and enjoyed by others. A book or game has no value if locked away and never experienced. Yet, to ensure creators receive financial remuneration, they must maintain control over how their work is accessed and used—and this is where IP law comes in. Creators who lack basic IP knowledge risk signing away their rights or undervaluing their work. For example, during a game jam, a participant might compose a tune or design a character that is automatically protected by copyright the moment it’s created. Without proper agreements, others could exploit or alter that work without the creator’s consent. In Continental Europe, such creations are protected immediately without any need for fixation. However, in common law countries like the US or UK, creators need to fix their work in a tangible form for it to be protected. Understanding these nuances can empower creators to safeguard their work.
During Cultural Game Jams, creators should learn how licenses define usage rights—whether the license is perpetual, global, or restricted—and that they retain moral rights even after licensing. For instance, they can object if someone alters their work in ways that violate its integrity or removes their name as the creator. These are fundamental principles, and while creators don’t need to master every legal detail, they should grasp the basics to protect their creations. Framing IP law as a tool to support and empower them—comparable to understanding the rules of a video game to succeed—makes it more relatable and less daunting.
How can creators navigate the complexities of intellectual property, contracts, and profit sharing to ensure fair compensation and long-term success?
Divide the roles and document it: It’s important to recognize that there are different roles and expertise required when scaling a project, and no one person can master everything. That said, one crucial point is understanding that intellectual property (IP) doesn’t guarantee success. Just because you create something doesn’t mean it will make money or be widely appreciated. IP becomes relevant when a creation is successful, and this ties into questions of fairness and profit sharing. For example, if three people design a video game, it’s essential to establish early on how any potential revenue will be divided based on involvement and effort. However, success is often unpredictable. Think of Minecraft—while it contains countless assets, the zombie character became unexpectedly popular. Should the creator of the zombie earn more than the person who designed a less popular asset, like a sheep? It is impossible to anticipate this fairly.
Know when to call a lawyer and know it can be free: These considerations also depend on the type of contract the creators have. Many creators mistakenly assume that contract terms are non-negotiable because they’re presented as “standard,” but this isn’t necessarily true. Having legal counsel during negotiations is invaluable. Lawyers can help identify negotiable terms, suggest alternatives, and ensure that creators don’t agree to unfavorable conditions. While creators may not know what they can ask for, experienced legal professionals can guide them through the process, ensuring better outcomes. Educational resources and accessible legal support are also vital. Many universities and trade associations offer free or affordable legal clinics, such as QLegal, which assists tech startups with legal queries. These services help creators navigate the legal aspects of their work and better understand their rights and options. Ultimately, while creators don’t need to become legal experts, they should be aware of when and why seeking professional legal advice is necessary. This awareness ensures that they can protect their work, negotiate effectively, and maximize the value of their creations.
What resources and support systems are available to help game developers navigate intellectual property, legal challenges, and business considerations effectively?
In Europe, organizations like Video Game Europe do excellent policy work, though they may not specifically address these issues. Local trade associations such as EDGF, however, often have contacts and sometimes even offer training courses. Additionally, while there aren’t many law firms specializing in video games, those that do often invest in young talent and emerging developers. These firms may provide affordable services to help with foundational tasks like incorporation, IP registration, trademarks, and design, seeing it as an investment in a potential success story. This model is similar to the music industry, where investing in numerous artists leads to a few breakout successes that pay off for the rest. Law firms often attend developer conferences and game jams, offering free or low-cost support to creators. If a game becomes successful, these firms are well-positioned to continue working with the developers as trusted partners. This approach mirrors the business models of companies like Epic Games and Unity.
Another key point is the need to dispel myths around IP. Many creators believe IP protection is prohibitively expensive or complex, but tasks like trademark or design registration are often affordable and can be done independently with proper guidance. Developers should prioritize protecting key assets, such as logos or characters, early in the process, as resolving issues later can be much costlier. Patents, while often misunderstood and feared due to concerns about infringement or litigation, can also be valuable. Consulting a patent attorney early can clarify whether an idea qualifies as an invention and whether it’s worth pursuing a patent. Even if a patent doesn’t seem immediately relevant, it can demonstrate business acumen and attract investors or accelerators by showing the project’s potential for innovation and broader application. Finally, creators need to know where to find resources. Law firm associations, online guides, and educational initiatives can provide the knowledge needed to navigate IP-related challenges. By integrating IP education into game development, creators can better recognize when to seek legal counsel and understand the available resources. This proactive approach ensures they protect their work and avoid costly mistakes later.
How should EPIC-WE anticipate the legal implications of integrating emerging technologies like AI, VR, or blockchain into its games?
Video games are often at the forefront of adopting new technologies, which introduces unique challenges. For example, while basic forms of AI have been integral to games for years, companies are cautious about generative AI due to legal uncertainties, especially regarding ownership and copyright. Many employ generative AI for ideation but ensure the final game assets are fully owned and protected. Furthermore, while VR poses new questions, most of these issues are solvable and extensions of long-standing discussions about virtual worlds. Finally, blockchain has been explored in games since 2012, but results have been largely negative. NFTs and crypto-based games have often failed, with many turning out to be unsustainable or exploitative models. While video games remain a testbed for such technologies, their utility and ethical implications continue to be debated.
EPIC-WE must approach these issues by educating creators, helping them understand the potential legal pitfalls, and ensuring compliance without stifling innovation.
Are there any additional resources, literature, or individuals you would recommend that could enrich or contribute significantly to this project?
Regarding additional resources, literature, or individuals to enhance this project, I can suggest the following:
- Collaborative Publications: I’ve published several works with colleagues like Mikaela McDonald, Yarn Lee, and David Greenspan.
- Open Access Resources: Many of my works are freely available as Open Access publications. Unlike traditional academic pieces that only reach a handful of readers, these are designed for broader accessibility.
- WIPO Podcast: The WIPO podcast is an excellent resource. Hosted by Micaela Mantegna and Allison Mages, it’s engaging and highly informative, offering insights from major players in the industry. The podcast includes contributions from projects like Epic Games, Tencent, and others, discussing real-world IP challenges. Hearing industry leaders share their experiences can be incredibly valuable for young developers or newcomers, as it shows that even seasoned professionals face similar challenges. Familiarizing oneself with these issues early is a significant advantage.
