Mobile Gaming and IP
Sebastian C. Mejia, Florida A&M University College of Law, has published Game On: Building an Analytic Framework for Addressing Copyright and Trademark Issues in Mobile Gaming. Here is the abstract.
The mobile gaming industry is a multi-billion dollar international industry. This paper addresses a variety of copyright and trademark issues that could arise for mobile game developers and publishers. The problem of copycat apps and cyber-plagiarism is viewed through an analysis of traditional copyright infringement; fair use; the transformative work doctrine; secondary liability; and the Safe Harbor Provision of the Digital Millennium Copyright Act. A similar analysis is undertaken in the second half of this work under trademark law looking at general infringement and theories such as dilution and false advertisement law.
Download the paper from SSRN at the link.