newtech.law

Posted on Categories creative industry

Law vs. imagination

Is the creativity of video game developers limited by architects’ rights to the image of their buildings erected in public space?

Creators of video games often set the action of their games in spaces modelled on the real world or using well-known buildings and other structures existing in public space. Locations used in video games often gain popularity, and for many fans become a tourist destination in their own right (witness the growing interest in visiting Lower Silesia due to the popularity of The Vanishing of Ethan Carter).

Thus it is essential for creators and publishers of video games to determine whether the use of recognisable locations in games is limited in some way by the law, and if so, what requirements must be met to allow features of the built environment to be used in a game.

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Posted on Categories creative industry

End of the road for the secondary market in e-books and video games?

In recent months, perhaps more than ever, life has moved online. Some people spend their time reading e-books or playing video games. Can they later resell or exchange such “used” works? A recent ruling by the Court of Justice throws into doubt the secondary trading in digital goods.

Nederlands Uitgeversverbond v Tom Kabinet Internet BV (Case C‑263/18), judgment of the Court of Justice of 19 December 2019

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Posted on Categories creative industry, taxes

Claiming the IP Box in the video game industry

The instrument popularly known as the “IP Box,” introduced on 1 January 2019, allows taxpayers to claim a lower, 5% rate of corporate income tax or personal income tax in their annual tax settlements for income generated from commercialisation of qualified intellectual property rights they have created or developed through R&D activity. In this article we discuss how to benefit from the IP Box in the game development industry, who is eligible for the IP Box, and the conditions that must be met.

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Posted on Categories anti-money laundering, creative industry

Video games, virtual currencies, and money laundering

What could video games have in common with money laundering and terrorism financing? Not much, it might seem at first glance. The duties in the Anti Money Laundering and Counter Terrorism Financing Act are mainly addressed to entities involved in financial services, such as banks and payment institutions. The AML/CTF regulations don’t directly refer to video games or persons involved in their development and operation.

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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.

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Posted on Categories creative industry

Remote work and “employer of record”: Employment in the video game industry

The game development industry knows no boundaries, and often attracts workers from all over the world. But employment and immigration regulations pose a barrier to drawing on the resources of the global labour market, particularly when a game development studio considers employing persons in Poland who are citizens of countries outside the EU, the EEA, or Switzerland. However, new non-standard forms of work help overcome the difficulties in hiring foreigners, and are worth considering for roles such as programmers, graphic designers, sound engineers, script writers, and game testers.

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