Video games have evolved beyond a pastime for children. For decades, video game developers were mainly concerned with functionality. As technology has advanced, developers are able to focus more on the artistic qualities of their creations. Today, many gamers buy and play video games for the quality of the aesthetics and underlying messages. But these advancements have also allowed the technologically adept to alter video games. Some alterations—mods—are motivated by fans looking to exercise their own creative expression; other alterations—cheats—are implemented to make gameplay easier. Depending on the nature of the alteration, it changes the way a developer’s creative expression is conveyed and received. In extreme cases, alteration harms a developer’s honor or reputation.
The Visual Artists Rights Act (VARA) protects the moral rights of copyright authors, but only those that delve into the “fine arts.” Authors of audiovisual works, such as video game developers, are pointedly excluded from moral protection. This Note argues for the expansion of VARA to include such authors and proposes language to adequately limit modding and prohibit the use of cheats.
