Poster: Reconsidering Fair Use and Video Game Mods in 2021
Kirk Mudle, NYU, MIAP MA Student
This poster examines the legal status of unlicensed fan works, specifically video game modifications (“mods”), through a case study of the recent work and legal challenges of independent game developer and ROM hacker Kaze Emanuar. A case involving video game mods has never been brought before the Supreme Court, but the topic has been addressed by lower circuits in several cases, the most recent being 1998’s Micro Star v. Formgen, Inc. This presentation reviews the relevant case law on fair use in general and video game mods in particular and applies the four-factor fair use test to a recent unlicensed mod. The analysis shows that fair use is not a reliable tool for the creators of unlicensed game mods, and therefore draws attention to the preservation challenges facing noncommercial fan works today.