Posted on Categories data economy

Data and copyright

Is copyright a path to take to protect data? Can data be regarded as a result of creativity and, consequently, a protected work? Does the protection of a data filing system also include the data collected in it?

Non-personal data, in particular data collected or generated by machines, has great economic and scientific value. Increasingly, it is a key business asset, providing the basis for launching new goods and services. It helps improve methods of detecting and treating diseases, determine where to set up a wind farm or where to cut down trees so they do not interfere with power lines, and helps ease traffic congestion in cities.

Do entities collecting such data or creating algorithms that harvest data, e.g. from the internet, have rights to the data? Can such data be freely traded, e.g. sold or licensed?

This issue raises many unanswered questions. This article will address whether data is protected by copyright and, as a result, whether the data “owner” can use the instruments provided by the Polish Copyright Act to protect it against infringement by third parties.

Continue reading “Data and copyright”
Posted on Categories data economy

New series: Data economy

We are launching a series of articles on the data economy. We use this term to refer collectively to new models of the economy in which the principal role is played by data. Data are becoming an asset in their own right which is more and more often the subject of commercial exchange. This doesn’t mean only personal data. It also, or even primarily, means non-personal data of all sorts, including those generated or gathered by machines, whose value we are only beginning to discover.

We were spurred to develop a series of texts on this topic by the more and more frequently encountered question “Who owns data?” We hear this from clients, tech firms, and startups. Under the surface of this seemingly trivial question lurks the essence of the legal challenges connected with the data economy. It turns out that the legal status of data is not always obvious and it cannot easily be determined who owns data or what is the substance of rights to data.

We would like to expose some sensitive areas where the law does not yield the desired answers to fundamental questions about the rules of the data economy. Along the way, we will attempt to systematise the existing regulations, to determine to what extent they could apply to data.

Continue reading “New series: Data economy”
Posted on Categories creative industry

The name of the game: Video game titles and trademark protection

Sometimes a video game’s title is one of the game development company’s most important assets. Properly selected, secured and promoted, it may constitute a valuable source of income for a long time. Therefore, at an early stage of work on the game, it is worth making an appropriate application to the register, bearing in mind that in the case of trademarks, the principle of “first come, first served” applies. A well-thought-out strategy for selecting and registering a video game title can also save a lot of nerves and money after the game is launched on the market.

Trademark clearance: How to check if a game title is registrable and can be used safely

Trademark clearance should precede not only an application for registration of a game title as a trademark, but indeed the very choice of the intended title (even if the developer ultimately decides not to register it). Trademark clearance is research to determine whether the same or a similar title has already been registered as a trademark or is being used by an entity from the same or a similar sector for identical or similar goods or services. This research is usually carried out using professional trademark databases.

Continue reading “The name of the game: Video game titles and trademark protection”
Posted on Categories creative industry

In-game advertising: How to play it?

The trend toward advertising in online channels has grown for years, but video games are still not a popular ad platform. While large foreign entities are eager to exploit this opportunity (among game publishers such as Electronic Arts and brands like adidas, Coca-Cola and Daimler), it is harder to find examples of this type of cooperation among Polish entities.

This may be due partly to the independent nature of Polish game productions and because they rarely set their games in realistic spaces (where it is generally easier to place ads). On the other hand, many advertisers seem unaware of this form of advertising, and many publishers don’t seem familiar with this possibility for financing games.

Continue reading “In-game advertising: How to play it?”
Posted on Categories creative industry

Legal aspects of the video game industry

The video game development sector has grown rapidly in recent years. With the spread of smartphones, new business models, and distribution platforms, the market for video games has taken off, becoming a key sector of the creative industry. Its growth stirs the imagination and appetite not only of game producers and publishers, but also of the biggest companies in sectors like IT and film, who are increasingly oriented toward the game market. It is also a promising field for investors, particularly from Asia. The industry’s growth has not even been slowed by the COVID-19 pandemic. To the contrary, the industry has taken advantage of this time to reinforce its position and achieve new growth.

The competitiveness of the video game market is also growing, and smaller producers and publishers must compete with global giants. This is not discouraging Polish producers and publishers. In addition to the largest studios, smaller but equally ambitious ones continue to spring up in Poland, with backing from various programmes and accelerators.

Continue reading “Legal aspects of the video game industry”
Posted on Categories creative industry

Augmented advertising: A short analysis of the use of AR in a Burger King app

Some time ago, Burger King announced that it was offering a mobile application allowing users to “burn” competing fast-food ads. By directing the device’s camera to a billboard, flyer or coupon showing the “right” competing logo, a smartphone user activates an augmented reality image of flames burning the competitor’s logo on the phone screen. In exchange for burning the competitor’s logo, the app generates a code entitling the user to receive a free sandwich at the Burger King chain. The launch of the app was supported by a promotional campaign, and a promotional video showing the operation of the app can be viewed online.

Continue reading “Augmented advertising: A short analysis of the use of AR in a Burger King app”