Video and electronic games are copyrightable as audiovisual works. In addition, the written program used to create the game has an independent existence and is itself eligible for copyright. Even if the computer program that helps to produce the audiovisual display is not copyrighted, the copyright on the display of a video game is valid. The question as to whether a video or electronic game is copyrightable or not turns on whether the game qualifies as a “work of authorship.” Copyright law protects the total sequence of images displayed in the game, but not the isolated images. The fact that the design of the circuit board in which a video game is fixed is patentable does not effect the right of the designer of the game to copyright it as an audiovisual work.
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