On Copyright Infringement Concerning Video Games Reskinning

Abstract

A reskinned video game replicates the core architecture of an original game, including its gameplay mechanics, game element design, and underlying rules, while only replacing superficial audiovisual elements such as art assets, music, and text. This form of infringement has long been a critical challenge for copyright protection in the video game industry, with the core controversy centering on the copyrightability of game design under copyright law. In current judicial practice in China, two core regulatory paths have been formed: regulation under copyright law and regulation under anti-unfair competition law. However, both paths face fundamental logical defects and systemic conflicts with intellectual property law, failing to effectively curb infringement in reskinned video games. This paper clarifies the connotation and copyright status of game design, confirms that systematic and detailed original expressions in game design are eligible for copyright protection, and proposes an optimized Abstraction-Filtration-Comparison (AFC) Test to establish a judgment rule for substantial similarity. It aims to provide a solution for the copyright infringement in reskinned video games that aligns with fundamental copyright law principles and judicial practice needs.