Unusual canvasses: Resolving copyright infringement through the lens of community customs

Abstract

The evolution of video game technology is outpacing intellectual property law. As augmented realities and online gaming environments continue to collapse the distinction between real and virtual worlds, they have rendered traditional frameworks for copyright law unworkable. Gaming environments were traditionally circum-scribed by the magic circle. Video games now interact with the outside world in a way that obscures the divide between the public domain and the private. Such disruption undermines copyright’s core purpose of balancing interests, and transforms issues such as implied license, fair dealing, and moral rights into enigmas. This article proposes a framework that redraws the magic circle using the consent-based customs of gaming communities. Only those who play at the vanguard have the expertise to reconcile copyright with modern video games without constraining creativity or innovation. Deferring to community norms restores compatibility between copyright and unusual canvasses while preserving the integrity of these interesting works.