Skin-changing is also a technical job

First of all, reasonable reference does not violate the law and does not necessarily infringe, but skin-changing is indeed a technical job. Skin reskin can actually be divided into the following categories:

1. Improved skin reskin: "Counter-Strike" is a shooting series developed by Valve in the summer of 1999. The game was formerly the game "Half-Life" The game module was later turned into an independent game, so the skin change does not necessarily mean there is no innovation.

2. Clone skin reskin, the gameplay is completely copied from the original game, but the game art, UI, characters, etc. are replaced. Companies that can do this type of cloning reskin generally have relatively good technology, otherwise it cannot be completely copied. If all the code is self-developed and the art is designed by oneself, then it will be more troublesome to identify this situation, and it is difficult to say that it is an infringement. After all, copyright law does not protect the gameplay. The gameplay can be borrowed and plagiarized, but the game art and code must not be copied completely, otherwise it will easily lead to infringement. Many companies like to poach their opponents' main programs or artists to make reskinned games, and a few companies are willing to purchase source code from the black market for reskinned games. This operation is relatively risky.

3. Some elements have been reskinned, mostly for small and medium-sized CPs. They are unable to completely reskin. Most of the original game elements are retained, and only a few modifications are made in the main city or homepage, purely to gain popularity from others.

How to avoid infringement during the skin change process?

The most taboo thing about skin reskin is partial skin reskin. This operation will leave a lot of evidence, such as the UI, buttons, characters, and maps will all be similar, which will lead to a higher possibility of infringement disputes. The following principles should be followed when changing the skin:

1. Try to change the skin as thoroughly as possible. Rewrite the code as much as possible, and do not plagiarize the source code. Source code plagiarism is the most dangerous, because most games will apply for soft copy. If a lawsuit is filed, plagiarizing the source code can easily be judged as infringement.

2. Differentiated UI design. Make differences in small elements so that opponents cannot find similar evidence.

3. The gameplay is not protected by Chinese patent and copyright laws. Although it is protected by U.S. patent law, few mobile game developers will register patents, so the gameplay and functions can be boldly borrowed, which is a big plus for reskinned mobile games. What mobile game companies lack most is art. Complete replacement of skins requires a lot of work on the part of the art, especially for some 3D mobile games.

4. Reference at least 2 or more games. If you copy a game, many artists or designers will occasionally be lazy and inevitably use other people's materials, or even use them with slight modifications in PS.

5. Game special effects are forms of expression and are protected by copyright law. When referring to special effects, corrections can be made to avoid similar special effects.

How should I respond if the game is reskinned by others?

1. Preventive measures

a. Apply for software copyright (game itself), apply for design patent (game scenes, UI, characters, maps, etc.), apply for trademark (game name) , actively carry out intellectual property layout and prepare defense work in advance.

b. Sign a confidentiality agreement and non-compete restrictions with the core game designers to avoid game plagiarism caused by employee resignations or leaks.

c. Internet evidence collection should be conducted for major version updates after going online, and necessary evidence should be retained.

d. Once a skin-changing game is discovered, evidence should be actively collected. In important cases, a notary agency can be asked to notarize the evidence.

2. Post-event countermeasures

If the game is reskinned by others, you must first determine the extent of the reskin and fight back according to different types to ensure that the other party feels the pressure.

1) If you refer to the gameplay and replace all the art materials, this kind of plagiarism may not be protected by law, and the chance of winning a lawsuit is relatively low, but it does not mean that you cannot file a lawsuit. Litigation can become a kind of It is a means to threaten the other party or disrupt the other party's market strategy, so a lawsuit can still be filed depending on the situation.

2) If it is a partial reskin and some elements have stolen the art, UI and other elements of the self-developed game, on the one hand, you can complain to the platform (app store), and you can also prepare evidence in advance. Good litigation work.

3) Litigation, media public opinion and market publicity should be organically combined to form a joint force to crack down on infringing skin-changing games.

5. Summary

The gameplay is not protected by copyright, and reskinning is legal to a certain extent. However, caution must be exercised during the specific reskinning process to avoid leaving any traces of infringement.