The glossary

A

Abandonware

A game that no one exploits any more: the publisher has disappeared, or stopped selling it long ago. Beware, the word suggests a game free of rights, which is wrong. Copyright still runs, even if, in practice, no one enforces it.

No provision says that an abandoned game becomes free: rights last seventy years after the author's death, or after publication for a collective work. Sites offering these games therefore rely on the tolerance of right holders. Some publishers regularise the situation by re-releasing their old titles or handing them to specialised platforms.

Assignment of rights

The contract by which an author transfers their exploitation rights, for example to a studio. Under French law, it must be in writing and specify each right assigned, its scope, purpose, territory and duration. A vague phrase such as “all rights assigned” is not enough.

This requirement protects the author: anything not expressly assigned remains theirs. For a studio, it means precise contracts with each creator, employee or freelancer, since an employment contract does not in itself assign the rights, except for software. A blanket assignment of future works is void (Art. L. 131-1), and audiovisual adaptation requires a separate written contract.

See : Art. L. 131-3 of the French Intellectual Property Code

B

Backup copy

The right of a lawful user of software to make a copy of it to guard against a failure or loss. Only one, and only if it is necessary. It is not a free pass to download games.

For software, it replaces the private copying exception, which is closed to it. Three conditions: being the lawful user, starting from one's own copy, and the copy being necessary to preserve the use of the program. It cannot be resold in place of the original, and it does not allow a technological protection measure to be circumvented.

See : Art. L. 122-6-1, II of the French Intellectual Property Code

C

Collective work

A work created on the initiative of a person, often a company, that directs it and publishes it under its name, and in which individual contributions merge into a whole. The rights then belong directly to that person. Many studios would like their games to be classified this way, but it is not automatic.

Three criteria are required: the initiative and direction of one person, disclosure under their name, and the merging of contributions so that no distinct right in the whole can be attributed to each. The term of protection is seventy years from publication. Courts accept it case by case for video games, often for large productions with big teams.

See : Art. L. 113-2, para. 3 of the French Intellectual Property Code

Communication to the public

Making a work accessible to a public, for example by putting it online or streaming it. It is an exclusive right of the author. Unlike the distribution right, it is never exhausted, which explains why a digital game cannot be resold.

The Court of Justice requires an act of communication and a public, meaning an indeterminate and fairly large number of people. Where the work has already been communicated, a new public or a different technical means is also needed. This is the right on which publishers' rules governing online gameplay broadcasts are based.

See : CJEU, Svensson (2014); CJEU, Tom Kabinet (2019)

Complex work

The classification given to video games by the French Court of Cassation in 2009. A game is not just software: it is an assembly of code, music, images and narrative. Each element therefore follows its own legal regime.

In practice, the program follows the software regime, the music that of musical works, and the graphics and script ordinary copyright. The Court of Justice speaks of “complex matter” and draws a consequence from it: the game, taken as a whole, falls under the general copyright directive. This is what led to the refusal of resale for digital games.

See : French Court of Cassation, 25 June 2009, Cryo

Composite work

A new work that incorporates an existing work without the participation of its author. A mod, a remake or a parody can be one. Its creator has rights in what they add, but always subject to the rights of the original work's author.

It belongs to the person who made it, but they cannot exploit it without the agreement of the author of the first work. The new contribution must also be original: a mere technical improvement is not enough. A commentated gameplay video or a port may raise the same question.

See : Art. L. 113-2, para. 2 and L. 113-4 of the French Intellectual Property Code

Conformity guarantee

The trader's obligation to supply digital content that conforms to the contract and to what the consumer can legitimately expect. It applies to video games, including their updates, for the whole of the planned supply period.

It comes from EU Directive 2019/770. In the event of a defect, the player can demand that the content be brought into conformity, then a price reduction or termination of the contract. The trader may only modify the content if the contract so provides, for a valid reason and after informing the consumer. It is one of the grounds considered against the abrupt shutdown of a game's servers.

See : Art. L. 224-25-12 et seq. of the French Consumer Code; Directive (EU) 2019/770

D

Dark patterns

Interfaces designed to push users into doing what they would not have done spontaneously: fake countdown timers, a highlighted buy button, an unfindable unsubscribe option. In video games, they often surround in-game purchases.

Current law catches them in several ways. The Unfair Commercial Practices Directive allows them to be penalised where they are misleading or aggressive. The Digital Services Act expressly prohibits them for online platforms. The future Digital Fairness Act is expected to extend that prohibition to all traders, studios included.

See : Directive 2005/29/EC; Art. 25 of the Digital Services Act

Decompilation

Recovering a program's source code from its executable version, which humans cannot read. It is in principle prohibited without the author's consent, except in narrow cases: correcting errors, or making two programs interoperable.

The interoperability exception is subject to cumulative conditions: being a lawful user, not having the information available otherwise, confining oneself to the necessary parts, and not using the result to create a program similar in its expression. In the United States, the same practice is accepted more broadly under fair use.

See : CJEU, Top System (2021); Art. L. 122-6-1 of the French Intellectual Property Code

Design

Protection for the appearance of a product: its lines, contours, colours, shape or texture. It requires registration, and a product that is new and has individual character. EU law now accepts that it covers the appearance of a video game, its characters and its interfaces.

Protection lasts five years, renewable up to a maximum of twenty-five. It can be cumulated with copyright if the creation is also original. An unregistered design enjoys, in the European Union, three years of protection against copying. Novelty is assessed on the filing date, with a twelve-month grace period after first disclosure by the creator.

See : Art. L. 511-1 and L. 511-2 of the French Intellectual Property Code; Regulation (EU) 2024/2822

Digital Fairness Act

The forthcoming EU law, expected at the end of 2026, meant to adapt consumer law to the digital world. In its sights: dark patterns, addictive mechanics, loot boxes, virtual currencies and the protection of minors.

The Commission confirmed the project in its 2030 Consumer Agenda, adopted in November 2025. Its form remains to be decided: a directive amending existing texts would leave Member States some leeway, a regulation would apply everywhere in the same way. For studios, the concrete issues are prices displayed in real currency, transparency of odds and default settings for minors.

E

Economic rights

The rights that allow authors to profit from their work: reproducing it, communicating it, adapting it. Unlike moral rights, they can be assigned, to a studio or a publisher, and they expire after a certain time.

They divide into the reproduction right and the performance right, to which are added, for software, the rights of translation, adaptation and placing on the market. They last seventy years after the author's death. For software created by an employee in the course of their duties, they vest in the employer by law (Art. L. 113-9).

See : Art. L. 122-1 of the French Intellectual Property Code

Emulation

Running a game on a machine it was not designed for, using a program that imitates the original console. An emulator can be lawful if it is built without copying the manufacturer's code. But the game copies it runs rarely are.

The law distinguishes three objects: the emulator itself, the console's BIOS or firmware, and copies of games. A console's functionality is not protected, only its code is. The BIOS and the games are works, whose copying requires authorisation. Added to this is the prohibition on circumventing the technological protection measures of recent consoles.

See : CJEU, SAS Institute (2012); Sony v. Connectix (2000)

End-user licence agreement (EULA)

The long text you accept with a click before playing. The publisher does not sell you the game: it grants you a mere right to use it, personal, revocable and limited. It sets what is and is not allowed regarding resale, account sharing or mods.

It is a standard-form contract: the player cannot negotiate it. It therefore remains subject to consumer law. A clause that creates a significant imbalance to the player's detriment may be held unfair and set aside, for example one allowing the publisher to change the service or close an account without reason or notice.

See : In French: CLUF

Exhaustion of rights

Once a copy has been sold with the author's consent, the author can no longer control its resale. This is what makes the second-hand market for boxed games possible. For digital games, the French Court of Cassation ruled in 2024: no exhaustion, so no resale.

The rule applies only to a first sale in the European Union or the European Economic Area, and only to resale: rental and public lending remain subject to authorisation. For downloaded software, the Court of Justice accepts it under certain conditions. For digital games, online provision falls under communication to the public, which is not exhausted.

See : CJEU, UsedSoft (2012); CJEU, Tom Kabinet (2019); Valve v. UFC-Que Choisir (2024)

F

Fair use

The American exception that allows certain uses of a work without permission, assessed case by case: purpose of the use, nature of the work, amount taken, effect on the market. It made console reverse engineering possible in the United States. French law has nothing so flexible.

It is provided for in section 107 of the US Copyright Act. The “transformative” nature of the use weighs heavily in the balance, even though the Supreme Court narrowed its scope in 2023. French law works the other way round, with a closed list of specific exceptions: quotation, parody, private copying. A French video creator therefore cannot rely on it before a French court.

See : Sega v. Accolade (1992); Sony v. Connectix (2000)

Foreign investment screening

The procedure that makes the takeover, by a foreign investor, of a French company active in a sensitive sector subject to authorisation by the Minister for the Economy. Video games are not covered as such.

The list of sectors is in the French Monetary and Financial Code: defence, energy, sensitive data, critical technologies, the news press. A studio may be affected indirectly, for example if it processes sensitive data. EU law requires the restriction to respond to a genuine threat to a fundamental interest. A 2026 EU regulation will make screening mandatory in all Member States.

See : Art. L. 151-3 and R. 151-3 of the French Monetary and Financial Code; CJEU, Xella (2023)

Free-riding (parasitisme)

Riding in another's wake to benefit, at no cost, from their investments or reputation. Based on civil liability, an action for free-riding often serves as a fallback when no intellectual property right can be invoked.

It is necessary to prove an identifiable economic value, the result of know-how or investment, and the intention to draw on it for profit. The French Court of Cassation recalled in 2024 that taking inspiration from an idea or following a market trend is not enough. In video games, it is often relied on against clones that take on the look of a hit without copying its code.

See : Art. 1240 of the French Civil Code

G

Gambling

A game open to the public, in which money is staked in the hope of a gain that depends, even in part, on chance. In France, such games are prohibited in principle and authorised by exception, under the supervision of the national gambling authority (ANJ).

Four criteria are cumulative: an offer to the public, a financial stake, chance and an expectation of gain. It is the last that is debated for loot boxes, whose content in principle has no monetary value. Since 2024, an experimental regime has governed games with monetisable digital objects, whose rewards can be resold.

See : Art. L. 320-1 of the French Internal Security Code; Act of 21 May 2024

I

Infringement

Any reproduction, communication or adaptation of a work without its author's consent, outside the exceptions provided by law. It is both a civil wrong and a criminal offence, punishable by up to three years in prison and a 300,000 euro fine in France. Pirating a game is the most common example.

Good faith is irrelevant in civil proceedings: anyone who reproduces without authorisation is liable even if unaware of infringing a right. The action is time-barred after five years. The right holder can have the facts established by an infringement seizure, then obtain an injunction, damages and destruction of the copies. Penalties rise to seven years' imprisonment and a 750,000 euro fine for organised gangs.

See : Art. L. 335-2 et seq. of the French Intellectual Property Code

Interoperability

A program's ability to communicate with another. Under very strict conditions, it justifies decompiling software. Interoperating means speaking the same language, not building a clone, which is why this exception rarely protects emulators.

EU law also deals with it from the angle of competition: refusing to allow it may constitute an abuse of a dominant position. For technological protection measures, an application can be made to Arcom to obtain the necessary information. An emulator rewritten without reusing the original code does not, in itself, run up against the prohibition on producing a program similar in its expression.

See : Art. L. 122-6-1, IV of the French Intellectual Property Code

L

Loot box

A paid virtual box whose contents you only discover once you open it. The mechanism closely resembles gambling. Belgium banned them in 2018, other countries are still hesitating, and the new PEGI system now rates games containing them 16 and over.

In France, classification as gambling requires an expectation of gain: the former online gambling regulator took the view that it is missing as long as the items obtained cannot be resold for money. In the Netherlands, the Council of State held in 2022 that FIFA packs were not gambling. Consumer law in any event requires information on odds and the real price.

See : Art. L. 320-1 of the French Internal Security Code

M

Microtransaction

A purchase made inside a game: an outfit, a bonus, a virtual currency, a season pass. It is the economic heart of the free-to-play model, where the game is free and you pay afterwards, sometimes a lot.

Each purchase is a contract for the supply of digital content: the player benefits from pre-contractual information and the conformity guarantee. The right of withdrawal, however, disappears once the content is supplied with the player's agreement. A minor's purchases may be annulled if they go beyond everyday acts. European authorities ask for prices to be displayed in real currency.

See : Art. L. 111-1 and L. 224-25-12 et seq. of the French Consumer Code

Mod

A modification of an existing game made by players: new levels, characters, graphics. Legally, it is a composite work: its creator has rights in their contribution, but depends on the consent of the original game's right holder. Some mods became full games, such as Counter-Strike.

Not all mods are equal in law. One that reuses the game's code, graphics or sounds needs authorisation. One that merely changes values in memory while the game runs does not infringe the software right, the Court of Justice held in 2024. The game's terms of use may nevertheless prohibit it.

See : Art. L. 113-2 and L. 113-4 CPI; CJEU, Sony v. Datel (2024)

Moral right

The part of copyright that protects the personal bond between authors and their work: the right to be named, to have the work's integrity respected, to decide on its disclosure. In France, it is perpetual and cannot be assigned, not even by contract.

It comprises four prerogatives: disclosure, attribution, integrity of the work, and withdrawal or reconsideration. For software, the law greatly reduces it: the author cannot object to modifications that do not harm their honour or reputation (Art. L. 121-7). Copyright countries, such as the United States, give it a much more modest place.

See : Art. L. 121-1 of the French Intellectual Property Code

O

Originality

The condition for a creation to be protected by copyright: it must bear the mark of its author's personality, through free and creative choices. A stock character or a mere technical upgrade does not make the cut.

It is for the person claiming protection to demonstrate it, element by element. EU law uses a single criterion for all works: the author's own intellectual creation, expressed in an identifiable way. Neither the work put in, nor know-how, nor aesthetic value counts. Elements dictated by technique or by the genre are disregarded.

See : CJEU, Cofemel (2019)

P

Parody

The exception that allows a work to be reused to mock it, without its author's consent. It requires a clear humorous intent, no risk of confusion with the original and no intention to harm. The Shrek mods are a good example.

The Court of Justice made it a European concept in 2014: a parody evokes an existing work while being noticeably different from it, and constitutes an expression of humour or mockery. It need not target the parodied work itself. The court must balance the author's rights against freedom of expression.

See : Art. L. 122-5, 4° CPI; CJEU, Deckmyn (2014)

Pastiche

The exception that allows an existing work to be evoked by borrowing its characteristic elements, without its author's consent. Since Pelham II, it is an autonomous EU concept, distinct from parody: humour is not required, but there must be perceptible differences and a creative dialogue with the original work.

Three conditions emerge from the ruling: evoking an existing work with perceptible differences, openly borrowing characteristic elements from it, and entering into an artistic or creative dialogue with it. The exception could be relevant to fan creations and tributes, but its application outside music remains to be built by the courts.

See : Art. L. 122-5, 4° of the French Intellectual Property Code; CJEU, Pelham II (2026)

PEGI

The European system that indicates the age from which a game is suitable: 3, 7, 12, 16 or 18. Since June 2026, it also takes monetisation mechanics into account: loot boxes, battle passes, daily logins or unmoderated chat.

Created in 2003 by the industry, it is run by an independent body. It is not pure self-regulation in France, where age labelling of video games is a legal obligation. The rating does not prohibit sale to a minor: it informs parents. Content descriptors flag violence, bad language, gambling or in-game purchases.

See : Decree No. 2015-1251 of 7 October 2015

Performer

The person who performs a work: actor, singer, musician, voice actor. They hold neighbouring rights in their performance. The question stirring the video game world: could a streamer or an esports player who delivers a personal performance one day be recognised as one?

Article L. 212-1 of the French Intellectual Property Code requires two things: a work, and a personal interpretation of it. Voice and motion capture actors in a game qualify without difficulty. For players, the question remains open: no French court has yet said whether playing in front of an audience amounts to performing the game.

See : French Court of Cassation, 24 April 2013 (L'Île de la tentation)

Private copying

The exception that allows a work to be copied for one's own personal use, from a lawful source. It does not apply to software, and therefore not to the software part of a game. And no, downloading a ROM from the internet is never a private copy.

It is an exception, not a right: it can be relied on as a defence, not to require a publisher to make copying possible. It gives way to technological protection measures and must satisfy the three-step test, so it cannot harm the normal exploitation of the work. In return, right holders receive a levy collected on storage media.

See : Art. L. 122-5, 2° CPI; French Court of Cassation, 28 Feb. 2006 (Mulholland Drive)

Public domain

When economic rights expire, 70 years after the author's death in France, the work becomes free: anyone can use it. A studio can nevertheless keep control over a character's name or image through trade mark law, which is renewable without limit.

For a collective work, the period runs from publication. Only the version whose protection has expired becomes free: more recent versions of a character remain protected. The moral right never lapses, and heirs can object to a use that distorts the work. A trade mark does not allow the reuse of the work itself to be prohibited, only the use of the sign to sell products.

See : Art. L. 123-1 of the French Intellectual Property Code

R

ROM / ISO

The files that contain a game in digital form: ROM for cartridges, ISO for discs. Legally, they are copies of the game. Downloading them without permission remains infringement, even if you own the original.

Extracting the contents of one's own cartridge is no safer: the software part only gives a right to a necessary backup copy, and the operation often involves circumventing a protection. Sites hosting these files are liable if they do not remove them after notification. Several have closed following actions brought by Nintendo.

T

Technological protection measures

The digital locks that prevent a game from being copied or unofficial copies from running on a console: DRM, authentication chips. Bypassing them is in principle prohibited, even to exercise an exception such as private copying.

Circumvention and the supply of circumvention tools are criminal offences (Art. L. 335-3-1). Protection is not absolute: the Court of Justice requires it to remain proportionate, and the court must look at what the devices at issue are actually used for. Arcom ensures that these locks do not prevent interoperability or the benefit of certain exceptions.

See : CJEU, Nintendo v. PC Box (2014); Art. L. 331-5 of the French Intellectual Property Code

Trademark with a reputation

A trademark known by a significant part of the public. It is protected beyond the goods for which it was registered: its owner can act against a use that takes unfair advantage of, or harms, its reputation. It is the key argument for major franchises facing virtual items.

Reputation is assessed by market share, the intensity and duration of use, and the size of investments. The proprietor must show that the public makes a link between the contested sign and its mark, without having to prove a likelihood of confusion. The use may escape prohibition if it rests on due cause.

See : Art. L. 713-3 of the French Intellectual Property Code; Art. 9(2)(c) EUTMR

U

Unfair term

A clause which, in a contract between a trader and a consumer, creates a significant imbalance to the consumer's detriment. It is deemed unwritten: the contract continues, but without it. The terms of use of games and platforms are subject to this rule.

The French Consumer Code sets out two lists. Some clauses are always unfair, such as one reserving to the trader the right to alter the characteristics of the service unilaterally. Others are presumed unfair unless proven otherwise, such as one allowing termination without reasonable notice. Consumer associations can bring actions to have them removed.

See : Art. L. 212-1, R. 212-1 and R. 212-2 of the French Consumer Code

Unity of art

The French principle under which a functional or industrial creation, such as a garment, is protected by copyright as long as it is original, like any other work. It can therefore combine copyright and design protection, and remain protected after its registration expires.

EU law has confirmed this approach: a work of applied art is subject to the same originality criterion as any other, with no additional aesthetic requirement. Elements imposed by the object's function are not, however, taken into account. For video games, the principle serves to protect outfits, accessories and merchandise.

See : Art. L. 112-1 and L. 112-2, 14° of the French Intellectual Property Code

W

Work of collaboration

A work created by several people, each of whom keeps rights over the whole. The co-authors must therefore agree to exploit it. A video game can sometimes be classified this way, which means each author has to be identified precisely.

It is the joint property of the co-authors, who exercise their rights by common agreement. Each may exploit their contribution separately if it belongs to a different genre, without harming the exploitation of the whole. The term of protection runs from the death of the last co-author. For a studio, this classification makes it necessary to obtain an assignment from each contributor.

See : Art. L. 113-2, para. 1 of the French Intellectual Property Code