The treatment of electronic games copyright protection in Brazil: analysis of copyright law and software law application

Abstract Brazil is currently the 5th largest game industry market by number of players, with expected year-by-year revenue growth of 5 per cent. The electronic games industry has been growing exponentially in Brazil and globally, and a specific regulation that meets the sector’s unique needs has become increasingly necessary. The lack of a regulatory framework in the Brazilian legal system directly impacts the legal security of businesses involving electronic games, especially in relation to the IP rights vesting in such assets. Intense debates have been conducted about the legal nature of electronic games, whether they are audiovisual works, works of art, computer programs or all of them combined, and what legal framework applies to these works under Brazilian law. There are several approaches to this subject; apparently, more consensus has yet to be reached. The abundance of regulatory gaps and the patchwork of different legal documents undermine the legal categorization and, consequently, the protection of these assets under IP laws. Using a methodology of bibliographic review and exploratory research, this considers the current position of electronic games in Brazil. It also proposes a specific framework for this type of work that is not simply that of audiovisual work or software, thus seeking a point of intersection between the two.