In today's booming game industry, the value of game IPs is increasingly prominent. However, the problem of infringement has also become more severe. Recently, the highly anticipated game Black Myth: Wukong has been embroiled in a plagiarism controversy, attracting widespread attention. This incident has not only sounded an alarm for the game industry but also highlighted the difficulty and importance of the battle to protect game IPs.

Case Review: The Plagiarism Controversy of Black Myth: Wukong

Black Myth: Wukong, as China's first AAA game, has maintained high popularity since its launch. However, on August 23, 2024, blogger @Saishang Li Yunzhong posted on Weibo the "Journey to the West Character Atlas" published in 2012 and compared it with the "Great Sage's Remains" section of Black Myth: Wukong, pointing out a high degree of similarity between the two. Subsequently, bloggers @Xuanliu108 and @Nanshan Zen also claimed that the arm guards of Yang Jian and certain scene images in the game were suspected of plagiarizing their works. In addition, renowned CG artist Ruan Jia released a video accusing Black Myth: Wukong of plagiarizing his character designs, highlighting the overlapping parts of the character armor.

These accusations sparked heated discussions among netizens and put the game's developer, Game Science, under immense public pressure. Although Game Science has not yet made an official response to these accusations, the plagiarism controversy has already had a certain impact on the game's reputation.

The Battle for Game IP Protection: A Combination of Legal Strategies and Market Research

Legal Strategies: Defining Plagiarism and Protecting Rights

When facing plagiarism accusations, legal strategies are at the core of the battle to protect game IPs. According to the Copyright Law and related regulations, game character images and scenes are considered artistic works protected by copyright law. In the "MapleStory" case, the court ruled that Rainbow Story used official game footage and materials from MapleStory in its promotional video. Although there were slight differences in some details, the overall appearance and color matching were highly similar, constituting substantial similarity and thus an infringement.

For the plagiarism accusations against Black Myth: Wukong, legal experts pointed out that defining plagiarism requires considering several aspects: First, the illegality of the act, that is, whether the plagiarism violates relevant laws and regulations such as the Copyright Law; second, the originality, whether the accused content constitutes a substantial reproduction or adaptation of the original work; and third, intent and evidence, whether there is sufficient evidence to show that the plagiarism was intentional. For example, if the character poses and equipment designs in the game are highly similar to existing works and such similarity cannot be explained as a coincidence, it may constitute plagiarism.

Market Research: Monitoring and Early Warning

Market research companies also play an important role in the battle to protect game IPs. Through professional market research, game companies can promptly detect potential infringement and take corresponding early warning measures. For example, market research companies can monitor the use of game IPs in real-time through online monitoring and data analysis. Once infringement is detected, they can notify the game company to take action immediately.

In the Shengqu Games IP Rights Protection Report 2024, Shengqu Company revealed through market research and data analysis the frequent infringement of its popular games such as Legend of Mir and Mir World. These data provide valuable references for game companies, helping them to take effective rights protection measures at the early stage of infringement.

Comprehensive Rights Protection Strategy: Prevention and Response

Preventive Measures: Proactive Rights Confirmation and Copyright Registration

In the digital age, proactive rights confirmation and copyright registration are key to preventing infringement. Zhang Tingyuan, director of the Chengdu Institute of Intellectual Property Rights, pointed out that original authors should ideally have copyright registration certificates for their works to "proactively" confirm their rights. This is because during copyright review, an original work commitment letter and creation statement must be submitted. Through proactive rights confirmation and copyright registration, game companies can clarify their rights boundaries and provide strong evidence support for subsequent rights protection.

Responsive Measures: Diversified Rights Protection Methods

When facing infringement, game companies need to adopt diversified rights protection methods. In addition to legal litigation, disputes can also be resolved through negotiation and mediation. For example, in some minor infringement cases, negotiation can quickly resolve the issue and avoid cumbersome legal procedures. In addition, game companies can also use social media platforms to expose infringement and attract public attention, thereby creating public pressure on the infringers.

Conclusion

The plagiarism controversy of Black Myth: Wukong once again reminds us that the protection of game IPs is urgent. By using legal strategies and supported by market research, game companies can better protect their rights. In the battle to protect game IPs, prevention and response are equally important. Only by establishing a routine rights protection mechanism and adopting comprehensive rights protection strategies can game companies protect their core assets in the fierce market competition.

It is hoped that the developers of Black Myth: Wukong can learn from this experience and pay more attention to originality in future creations. At the same time, it is also hoped that the game industry can work together to create a good environment that respects intellectual property rights.