Definition of the Copyright Attribute of Online Game Gameplay and Infringement Determination of Reskin Games

DOI

10.2991/978-2-38476-551-5_116How to use a DOI?

Keywords

Reskin Games; Online Game Gameplay; Copyright Protection; Copyright Infringement Determination; Idea/Expression Dichotomy

Abstract

In recent years, the phenomenon of plagiarism through “reskin games” has become increasingly prevalent in the online gaming industry. This paper focuses on the copyright attribute definition of online game gameplay and the infringement determination of reskin games (which copy original gameplay while only modifying superficial audio-visual elements). Against the backdrop of prevalent reskin game plagiarism and vague gameplay protection paths in judicial practice (relying on Anti-Unfair Competition Law or split-element regulation), it adopts doctrinal analysis, social-legal analysis and comparative analysis. The study criticizes the mechanical application of the traditional “Idea/Expression” dichotomy, reconstructs online game gameplay into four progressive levels (Abstract Gameplay Modes, Basic Framework Rules, Specific Design Rules, Individualized Presentation Combination), and clarifies that only the latter two are copyrightable. It compares judicial practices of reskin game infringement in China and the U.S. Finally, it proposes suggestions: clarify game-related concept boundaries in legislation, standardize infringement determination with the “Three-Step Test Method”, and take “player experience” as an extra yardstick, aiming to provide clear guidance for judicial practice and balance original protection and industry innovation.

Copyright

© 2026 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Zhaoyue Wang
PY  - 2026
DA  - 2026/03/26
TI  - Definition of the Copyright Attribute of Online Game Gameplay and Infringement Determination of Reskin Games
BT  - Proceeding of 2025 8th International Conference on Humanities Education and Social Sciences (ICHESS 2025)
PB  - Atlantis Press
SP  - 1071
EP  - 1081
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-551-5_116
DO  - 10.2991/978-2-38476-551-5_116
ID  - Wang2026
ER  -