Cywilnoprawna Problematyka Wykorzystania Gry Komputerowej Jako Narzędzia Promocji: In-Game Advertising Oraz Advergaming

This academic study, published in 2019 in the Polish journal Homo Ludens by Kamil Szpyt, examines the civil-law dimensions of using computer games as promotional vehicles, with particular attention to in-game advertising, including product placement, and advergaming. Its central thesis is that existing Polish civil law is largely adequate to govern these practices, so game-specific legislation is unnecessary, although courts and scholars must interpret those rules in light of the medium's distinctive characteristics. The analysis is grounded in Polish law, and it situates the subject within a rapidly expanding global market, which was projected at roughly $4.38 billion in 2019.

The paper's most significant legal conclusion is that the Audiovisual Media Services Act and the Press Law do not apply to games, because games lack the separate whole, simultaneous reception, and periodicity these statutes require. Most other advertising regulations, such as the Act on Counteracting Alcoholism, do apply, though uncertainty persists at the boundaries, particularly for brand extensions into virtual goods and loot boxes, which have not yet been classified as gambling under Polish law. The study also finds that publishers may face damages claims from advertisers for ineffective placements under Article 471 of the Civil Code, although the required conditions render such claims largely theoretical.

A recurring concern is the protection of personal and creative rights. Developers, as co-authors, may have their moral rights violated by unauthorized ad insertions, and celebrities whose likenesses appear without consent may assert personal-rights claims. Unofficial mods containing political or religious content represent further grey areas. The author therefore stresses that contractual consent and careful drafting are essential, and that lawful conduct depends on examining not only publisher-advertiser agreements but also publisher-developer arrangements. The paper concludes that the practice is likely to grow and evolve, and that it warrants greater scholarly attention.