Related Documents
Report
Guías AEVI: Propiedad intelectual e industrial
The guide aims to equip video‑game developers and publishers with a practical framework for safeguarding the creative and technical assets that constitute a game’s intellectual and industrial property. It clarifies the dual nature of IP under Spanish law—copyright and related rights on the one hand, and industrial property (patents, trademarks, designs, trade secrets) on the other—explaining which categories protect specific game elements such as scripts, music, graphics, code, user‑interface designs, character names and logos. Key conclusions stress that copyright arises automatically upon creation, lasting 70 years after the author’s death (or 70 years from disclosure for collective works), while related rights endure 50 years. Trademark protection requires registration and lasts ten years per filing, renewable indefinitely; design protection covers the external appearance of a GUI for five‑year periods, renewable up to 25 years. Trade‑secret measures rely on confidentiality agreements and technical safeguards rather than formal registration. The guide also outlines the legal regimes governing ownership of works created by employees, freelancers or collaborators, noting that Spanish law lacks a “work‑for‑hire” concept and therefore mandates explicit written assignments of exploitation rights, typically detailed in employment or service contracts. Practical recommendations include a step‑by‑step checklist for identifying each asset, determining the appropriate protection mechanism, confirming that all contributors have assigned their rights, and implementing NDAs to preserve secrecy during development. The guide further outlines limited exceptions for using third‑party material—public‑domain works, specific statutory limits, and narrowly defined descriptive uses of trademarks—while warning that doctrines such as “fair use” are not recognized in the EU. Overall, the document provides a comprehensive, Spain‑focused roadmap for building a robust IP portfolio that enhances a game’s market value and minimizes infringement risk.
AEVIJan 2025
Legal
AI and Copyright
The paper advocates a balanced approach to artificial‑intelligence deployment in the European video‑games sector, emphasizing that AI should be nurtured as a driver of creativity and economic growth while preserving the core objectives of the existing copyright framework. It argues that the industry’s reliance on technological innovation and a robust copyright regime is essential for long‑term investment, and that any regulatory response must protect creators, respect trade secrets and avoid unnecessary burdens on developers and players. AI has been embedded in games for more than a decade, from procedural terrain generation to advanced moderation tools, and generative models now promise to accelerate content creation, reduce production costs and enrich player experiences. The paper notes that most AI applications remain non‑generative, but where generative tools are used—whether for code, narrative or visual assets—they should be treated as ordinary creative aids: works that reflect a human author’s original choices retain copyright protection. It endorses the text‑and‑data‑mining exceptions of the EU’s DSM Copyright Directive as a suitable legal basis for training models, warning against additional EU legislation that could create uncertainty and distort competition. Risk‑based regulation is recommended, with low‑risk uses such as internal foundation models for short dialogue exempt from mandatory transparency or labeling. Mandatory disclosure should be limited to cases where it does not jeopardize trade secrets or impose disproportionate costs, and labeling obligations are deemed unnecessary in contexts where players already expect AI‑assisted content. The paper also highlights the need for international cooperation to harmonize standards and protect creators globally. The position reflects the perspective of a pan‑European industry body representing 19 game companies and 13 national trade associations, a sector valued at €24.5 billion with 53 % of Europeans identified as players. It calls on policymakers to engage continuously with stakeholders, to proceed cautiously with any legal changes, and to preserve the balance between innovation and creator rights that underpins the European video‑games ecosystem.
Video Games EuropeApr 2024
Report
Dossier de Prensa AEVI 2016
AEVI was founded in 2014 to unify Spain’s video‑game ecosystem and to position the sector as a leading technological and cultural industry. Its institutional goals focus on fostering local development, attracting investment, collaborating with public authorities, defending intellectual‑property rights, and promoting responsible consumption through the PEGI rating system. In 2014 the Spanish video‑game market generated €996 million, a 6.8 % increase over the previous year, with physical sales accounting for €755 million and online sales €241 million. Software contributed €364 million, hardware €301 million and accessories €90 million. The sector served 13 million users—36 % of the population—making Spain one of the four largest European markets after France, Germany and the United Kingdom. Players aged 11‑64 spent an average of 5.9 hours per week gaming; 40 % of adults played, 26.2 % regularly, and gender participation reached 45.3 % for men and 32.8 % for women. Physical copies remained the preferred format (7.9 million users), followed by online (5 million) and mobile applications (4.9 million). AEVI highlighted the persistent challenge of piracy, reporting 240 million illegal downloads and 2 million physical infringements in 2014, which translated into a €226 million loss of revenue. Legislative reforms in intellectual‑property law and the criminal code were cited as recent advances in combating these practices. The association also noted a 21 % rise in development studios, reaching nearly 400 companies, and projected that employment in the sector could double to over 7 000 highly qualified jobs by 2019. Through advocacy, data collection from sources such as GfK, ISFE, Gametrack and its own surveys, and partnerships with institutions like the Federation for the Protection of Intellectual Property, AEVI seeks to sustain growth, enhance the cultural perception of video games, and ensure a responsible, innovative market environment in Spain.
AEVIJan 2016
Report
Guide to Consumer Rights, Advertising and Data Protection: Spain
The guide is intended to equip Spanish video‑game publishers, developers and marketers with a practical understanding of the legal framework governing consumer rights, advertising and data protection. It draws on the General Law for the Defence of Consumers and Users, the General Advertising Law, the Unfair Competition Law, the General Data Protection Regulation and the Spanish Organic Law on Data Protection, applying them to digital products released in Spain throughout 2025. Key consumer‑protection provisions require clear pre‑purchase information, a 14‑day withdrawal right for most digital purchases, and safeguards against unfair terms such as unilateral contract changes. Exceptions apply to virtual currencies, physical copies that have been opened and age‑rated titles once gameplay begins. Developers must maintain and communicate updates, while digital assets—including NFTs—must be presented with transparent licensing terms and explicit notices when the right of withdrawal is lost. Advertising must avoid misleading claims, covert sponsorship, political content outside election periods, and any material that exploits minors, encourages violence, discrimination or unhealthy behaviours; influencer promotions must be marked with visible disclosures such as #Sponsored or #Ad. Data‑protection obligations centre on distinguishing controller and processor roles, informing users through layered privacy notices, and securing personal data—including special categories—via documented processing activities and contractual safeguards. For users under 14, parental consent must be verified through age checks or electronic signatures. The guide concludes with a checklist summarising rights to information, withdrawal, fair advertising, loot‑box age verification, ongoing game maintenance and GDPR‑compliant data handling.
AEVIJan 2025