29 January 2025

Digital Chickens and Copyright in Video Games: Understanding the Rules of the “Coop”yright!

By Naomi Korn, CEO

In our house, we love our flock of chickens (see title photo). My sons are also avid players of video games and even interact with chickens in their awe inspiring gaming worlds. What connects my world and theirs in this context is that whether subsidiary elements or critical gameplay elements, these avian digital creations highlight the importance of protecting creative works, the role of copyright and respecting the rights of creators.

So taking this one step further –
And thinking about designing a digital chicken, it’s important to remember that it is more than just programming pixels; it’s an exercise in creative expression. As proud and recent members of Ukie – the trade body for the UK’s games and interactive entertainment industry – I recently met a brilliant young guy who develops waterfalls – magical, innovative and expressive waterfalls. Like designing virtual chickens, there’s an art in developing waterfalls. Developers spend time and effort into crafting their features and characters, making them unique; their own intellectual creations – their “copyright”. But a chicken, is not just fluff and feathers – some famous digital chickens include:

 – The minimalist, pixelated chickens in Minecraft.
– The Legend of Zelda’s Cuccos which are known for their swarm behaviours.
– The chickens in Stardew Valley, which players can tend.
– Chickens and other fowl in Assassins Creed.

Each of these examples demonstrates how game elements, including chickens, are protected by copyright as original works of authorship. Developers or publishers hold the rights, ensuring that these creations remain safeguarded from unauthorised use.

So some key points to remember:
– Modifying a game’s chickens by altering their appearance or abilities often creates a derivative work. Unless explicitly authorised, distributing such mods could infringe copyright. Understanding these boundaries helps foster creativity while respecting the rights of the original creators.
– Like any creators, game developers will rely on copyright law to maintain control over their creations, protect their intellectual property and provide them with an income. This is crucial for preserving the integrity of their work and ensuring its value.
– The rules of engagement will be outlined in licensing agreements, and developers may often publish policies outlining acceptable fan projects, striking a balance between creative freedom and IP protection.

Digital chickens may seem like a light-hearted topic, but they underscore the broader significance of copyright in protecting creative expression – in digital games – there is no difference… and chickens are not just for Xmas.

If you’re looking for a fresh way to gain an understanding of basic copyright principles and/or is reproducing, creating, sharing, publishing, commissioning or digitising content, Naomi Korn Associates’ next Copyright Essentials course, allowing participants to gain 6 CPD Points, is running 12 & 13 February 2025, with further 2025 dates too. For more information please go to our Eventbrite page or contact our Training Manager at info@naomikorn.com.