Copyright & Patents/Video Game

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Question
Sir,
I am developing a video game, and I have a question regarding copyright issues.

I want to use in my game some 3D effects such as a 360 encircle done by the camera around the scene, while the time freezes (the fighting characters are freezed in mid-air). That specific effect was used in the famous "Matrix" movie. Is it possible that that 3D effect, or any other 3D effect, is protected by some copyright or patent or something?

Thanks you very much!
Ofer

Answer
Dear Ofer,

There is copyright protection in any of the images from the Matrix, and there may be a patent on creating an image like the 360 degree encircling effect using many cameras all working at once. However, as you are planning a video game, the images will be rendered by a computer and will not use the potentially-patented technology for creating a encircling effect with film. You are therefore free to use the 3D effect in a video game, without fear of patent issues arising. You would only infringe copyright if you took the image from the Matrix itself for use in your video game. If you create your own image in the video game, then that would create copyright for you in that expression.

This is the law in Canada, however I am not sure about Israel.

Thanks.

Copyright & Patents

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Nyall Engfield

Expertise

Expertise in Canadian Patent law

Experience

Patent lawyer in Ottawa, involved in drafting patents, prosecution before Patent Office, and litigation Please see my bio at http://www.andrewsrobichaud.com/Nyall_Engfield.htm

Organizations
CCLA, CBA (Ontario Chapter), Law Society of Upper Canada

Publications
University of Ottawa Law and Technology Journal OBA Privacy Law Review: Eye on Privacy Porter Hétu International

Education/Credentials
B.ASc - University of Waterloo LL.B. - University of Calgary

Awards and Honors
received Felesky Flynn tax award in 2nd year of law school

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