Video game companies are committed to the preservation of games and their cultural value It is important to separate the legal proposals being made by the petitioners – for specific end-of-life requirements for commercial video games – from the question of the preservation of games as creative and cultural works.
Video Games Europe and their member companies are committed to, and actively support, serious professional efforts to preserve video games and recognise the industry’s creative contributions under circumstances that do not jeopardize game companies’ rights under copyright law.
For example, members regularly donate game copies and hardware to preservation organisations and support museum exhibitions featuring games (1). Other video game companies have undertaken the gigantic task of creating video games libraries to support the preservation of games (2).
However, the industry’s innovation and economic activity depends on strong copyright protection for the software and other creative works that are its lifeblood, and preservation efforts should not be confused with uses that could conflict with the normal exploitation of the work by the right holder or unreasonably prejudice the legitimate interests of the author.
(1) Electronic Arts recently supported use of Battlefield 1 in a World War I exhibition at the Notre Dame de Lorette in Souchez, France (June 2023-January 2024) and War and Peace Museum in Novion Porcien, France (AprilDecember 2024) and use of SimCity 2000 in the “Game Society” exhibition at the National Museum of Modern and Contemporary Art in Seoul, Korea (May-September 2023).
(2)
https://embracergamesarchive.com/