Can you play? An analysis of video game user-generated content policies

User-generated content (UGC) is notoriously difficult to regulate under the, often rightsholder-centric, default copyright regime. As an alternative regulatory mechanism, this working paper explores how the video game industry regulates user creativity through contract, not copyright, creating a parallel community system of exclusive rights and user exceptions.

The working paper examines the UGC policies of 30 popular game titles, identifying seven different types of UGC activities and the varying degrees to which they are permitted: either entirely without condition; with conditions; or wholly prohibited. In doing so, the paper identifies industry trends in regulating user creativity, and how this responsive contractual tool acts as a gateway for reflection for copyright reform.