Technology and innovation are the core drivers of new productive forces, and protecting intellectual property is tantamount to safeguarding innovation. Through its “Law in Mind” series, the Hunan High People’s Court continuously explores and highlights cases of IP protection, building a comprehensive “Judicial Shield” to ensure high-quality adjudication that supports technological innovation and the development of new productive forces.

---

In the virtual world of online gaming,

game maps embody the creative efforts of their designers.

When these meticulously crafted maps are illicitly sold,

how can the creators’ rights be upheld?

Recently, the People’s Court of Yanfeng District in Hengyang City tried such a copyright infringement dispute.

Case Summary

“Star of Yuanmeng” is a multiplayer online party game for mobile devices. Players can use the Yuanmeng Star Editor to design, create, upload, and sell game maps—an innovation that not only sparks player creativity but also enriches the game’s fun and interactivity.

In 2023, a certain online studio, seeking to expand its map-creation business, signed “Commissioned Creation” contracts with several game designers. These agreements expressly assigned all copyrights in the “Star of Yuanmeng” home bases and map designs created by the designers to the studio. The contracts also stipulated that, after signing, the designers’ game accounts would be managed by the studio, which reserved the right to hold designers liable for any copyright leaks.

In June 2024, the studio discovered that a Mr. Chen was advertising and selling these contracted game maps and home-base designs on the Xianyu platform without authorization—and at prices far below the studio’s in-game rates. To protect its rights, the studio immediately obtained evidence-preservation certification from a notary public, fixing the entire infringement process as proof. A careful comparison showed that the maps sold in Mr. Chen’s Xianyu shop were virtually identical in elements, color schemes, and scene composition to twenty maps fully owned by the studio, constituting substantial similarity. Further investigation revealed that Mr. Chen’s shop had generated sales of RMB 10,000 related to these twenty maps over the past three years.

Court Decision

The Yanfeng District People’s Court held that the contested game maps are original intellectual creations in the literary and artistic domain, capable of tangible reproduction and protected by copyright law. Having secured copyright through its contracts, the studio was entitled to sue for infringement.

Mr. Chen’s unauthorized sales of the maps on Xianyu violated the studio’s copyright. Considering factors such as the nature and fame of the works, their originality, the manner and degree of Mr. Chen’s misconduct, his subjective fault, and the infringing sales amount, the court ordered him to compensate the studio for economic losses and reasonable enforcement costs totaling RMB 13,000.

Under the Copyright Law of the People’s Republic of China, copyright in commissioned works is determined by contract between commissioner and creator. Unauthorized sale of a work infringes copyright, and the infringer must cease the infringement and compensate for losses. If actual damages or illicit gains are hard to calculate, courts may award compensation within statutory limits based on the circumstances, including the rights holder’s reasonable expenditures to stop the infringement.

In this case, the court’s rigorous fact-finding and correct application of law safeguarded the copyright holder’s legitimate interests, offering strong judicial protection for IP in the online gaming sphere. It also reminds game creators and related professionals to heighten their IP-protection awareness, promptly document and defend their creations, and warns that unauthorized use of others’ works will incur legal penalties.

本文原文为中文，本文由AI辅助翻译

The original text of this article is in Chinese; it was translated with the assistance of AI.