Video Game Modding between Discretionary Enforcement, Copyright Control and Co-Creation

Abstract

The modern video gaming industry is a multi-billion-dollar powerhouse globally. Yet, such success also thrives on a paradox: publishers often reap the rewards of community-made mods while keeping them in a legal grey zone, forcing modders to build on 'borrowed land'. This chapter explores the tension between the community-driven creativity that is an extension of existing product lifecycles and the legal copyright framework that favours publisher control. Through an analysis of industry giants and targeted case studies, we make the point that the boundary between copyright infringement and follow-on creativity is frequently drawn by a publisher's perceived "bottom line". The chapter further evaluates the legal frameworks governing modding in the US and EU, with a focus on End User License Agreements as a primary mechanism of controlling the market where modders continue to operate in a state of "tolerated infringement", as highlighted by the existing literature. The chapter concludes by exploring scholarly proposals and seeking a way to reconcile the proprietary rights of videogame publishers with the cultural and economic necessity of user-led innovation.