Video game historians face enormous setbacks

Published: October 29, 2024

Video game historians face enormous setbacks

By Movieguide® Contributor

In a huge blow to those who want to study classic video games, the U.S. Copyright Office has ruled that older video games cannot be distributed remotely by libraries, severely limiting access for researchers.

Many other forms of media are currently allowed to be borrowed virtually by libraries, allowing users to access content from the comfort of their own home, saving them time and money. This method has allowed historians to study countless forms of media without having to travel across the country.

Video game historians hoped to open their field to the same privilege, allowing libraries to virtually lend out the games they have in their collections. Unfortunately, a new ruling from the US Copyright Office has prevented this from happening.

“The Register concludes that proponents have not demonstrated that (…) allowing off-site access to video games is not likely to constitute infringement,” the ruling said. declared. “She also highlights the increased risk of market damage if the video game exemption restriction is lifted, given the market for older video games.”

After hearing arguments from video game historians and the Entertainment Software Association (ESA), the U.S. Copyright Office sided with the ESA and accepted the argument that digital distribution of old games would have a significant impact on the video game market.

“We recognize the importance of preserving video games and protecting gaming hardware given their significance in culture and society. “With today’s decision, the U.S. Copyright Office affirms that the current level of video game preservation is appropriate and recognizes that video games present unique copyright issues that must always be taken into account,” the ESA said. said in a statement after the ruling was announced. “We thank the Library of Congress and the Copyright Office for supporting existing copyright protections, which are critical to expanding access to and inspiring new video game experiences for players, while also promoting artists and their creative works protected.”

Digital distribution advocates, meanwhile, shared their disappointment with the ruling and continued to argue why a change in the system would have little to no impact on the industry.

“Unfortunately, lobbying efforts by rights holder groups continue to hold back progress. During our hearing with the Copyright Office, the ESA stated that under no circumstances would they support remote access to games for research purposes,” the Video Game History Foundation said. said. “The gaming industry’s absolutist stance – which the ESA’s own members are unwilling to officially support – is forcing researchers to explore extralegal methods to access the vast majority of out-of-print video games that would otherwise be unavailable.”