One unexpected consequences of the current pandemic has been—of all things—an increased focus on video games. The industry is thriving as people working from home turn to games to relax or suddenly take notice of what their children have been doing in their downtime. Many adults may be seeing for the first time what modern video games actually look like—and how far game environments have come.

One of the most notable trends in video game hardware over the past several years has been the increase in graphics processing power available at relatively low cost. With that technological advance has come a substantial increase in detail and realism in certain kinds of games, where a “cinematic” experience has been the proverbial Holy Grail—notably some sports games, simulators, and military-style shooters. But when such realism is the goal, designers may face legal challenges along with the technical ones. One challenge in depicting something distinctive from the real world is that somebody probably already owns it. The better the digital copy, the more “real” the virtual world will feel, but also the more likely it is to infringe some existing right or rights.

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