Video games and user rights in copyright law

Publication details

Alina Trapova, ‘Video games and user rights in copyright law’ in Gaetano Dimita, Yin Harn Lee, Michaela MacDonald, and Marc Mimler (eds), Research Handbook on Interactive Entertainment Law (2026, Edward Elgar)

Abstract

This chapter explores the evolving concept of users in the video game industry and its intersection with copyright law, particularly within the EU. Traditionally centred on individual players, the notion of users has expanded to include eSports athletes, streamers, influencers, cloners, modders and fan fiction authors. These user categories have shifted from passive consumers to active contributors in the creative landscape of video games. This transformation brings forward legal implications, especially concerning ‘user rights’ – a term rooted in EU copyright law. The chapter focuses on the challenges and opportunities of incorporating these evolving user practices into the EU legal framework, with occasional reference to US copyright law. It outlines the historical development of video game users, discusses the scope and recognition of user rights, and highlights the complexity of aligning emerging user behaviours with existing legal structures.