GAMING LAW

In legal terms, digital games are composite, multi-layered works. In line with the settled case law of the Court of Cassation, games are usually treated as a whole as "cinematographic works", while their components, such as source code, script, visual designs, music and databases, are each subject to separate protection regimes. Establishing a game's intellectual property (IP) rights therefore requires strategic process management rather than a simple registration. Protecting the game's software base as a "literary and scientific work" and its audiovisual elements as "fine art" or "cinematographic works" under FSEK requires full management of the author's economic rights of adaptation, reproduction, distribution, performance and communication to the public, as well as moral rights such as attribution. In addition, registering the game's name, logo, iconic character designs and slogans, which form its commercial face, as "trademarks" under the Industrial Property Law lays the legal foundation for the project's branding.

In the game development ecosystem, the ownership and use of game assets is one of the most critical areas of legal risk. The legal relationships between studio staff involved in creating a game, outsourced freelancers and third-party asset providers must be structured so as to rule out future claims. Accordingly, contracts with studio employees and independent contractors must make it unmistakably clear, under FSEK and the Code of Obligations, that the right to exercise the economic rights in the materials produced is assigned to the employer or producer.

Looking at the commercial dynamics of the industry, the sale of a digital game is legally not a "transfer of ownership of goods" but essentially the grant of a "licence to use". Proceeding from this legal reality, drafting the End User Licence Agreements (EULAs) that govern the relationship between player and publisher is of great importance. Especially where game servers are shut down or support is withdrawn (as in the Ubisoft cases that drew worldwide attention), making clear in the legal texts that ownership of the game does not pass to the user and that only an access licence is granted is the strongest shield against potential consumer lawsuits. In addition, when open-source or Creative Commons-licensed assets are integrated into projects, any provisions restricting commercial use must be analysed carefully.

Moreover, full compliance on regulatory matters such as KVKK and GDPR, the protection of children online, in-game micropayments and the legal status of "loot box" mechanics is essential for a sustainable game operation.

Despite all these protective mechanisms, where the intellectual property portfolio is infringed, we pursue an active legal fight. Digital evidence preservation (e-tespit), formal notices served through a notary and access-blocking orders are put in place promptly; if the infringement continues, criminal proceedings are initiated under Article 71 FSEK and civil actions are filed claiming copyright damages of up to three times the market value under Article 68 FSEK. Through the "Notice and Takedown" procedures operated on national and international digital marketplaces (Steam, App Store, Google Play), we minimise our clients' losses of rights and secure the legal protection of their work.