In the business of video games, intellectual property is critical to success, and Patents, Copyrights, and Trademarks are the bricks with which your IP portfolio is built. The Patent Arcade is the web’s primary resource for video game IP law, news, cases, and commentary.

U.S. Patent No. 10,441,876: Video game integrating recorded video

Issued: October 15, 2019, to Activision Publishing Inc.
Priority Date December 20, 2013


U.S. Patent No. 10,441,876 (the '876 Patent) relates to integrating recorded video into video game gameplay. The '876 Patent details a method of using the integrated recorded video tracks to reflect how the player is performing, and respond to changes in performance. In one embodiment in which the player is playing music using instructive cues, when the player is performing well, recorded video of an appreciative concert crowd is displayed, and may rotate to a different recorded video track showing another camera angle. When the player is performing poorly, a recorded video of a displeased crowd is displayed. There may be multiple recorded video track options for a particular gameplay event, such as a crowd dancing, singing, or cheering in response to good performance. Blurring effects may be used to transition between recorded video tracks to conceal visual discontinuities.

Aspects of the present invention relates to systems and methods of conducting video game play, comprising: displaying a game scene, the game scene including recorded video portions and graphically rendered portions; the recorded video portions comprising a first recorded video track; determining user performance; and, based on the determined user performance, transitioning the first recorded video track to a second recorded video track.

Illustrative Claim:
1. A method for providing video game play for a video game, comprising:recording a first video track and a second video track, at different times, during a course of a song, the first recorded video track and the second recorded video track each providing views from the same common camera positions and angles that commonly change in time during the course of the song; displaying a game scene during play of a video game, the game scene including recorded video portions from the first recorded video track and graphically rendered portions; determining that user performance has worsened; in response to determining that user performance has worsened, transitioning display of the game scene to include recorded video portions from the second recorded video track instead of the first recorded video track; and wherein the first recorded video track includes a crowd showing a first state and the second recorded video track includes the crowd showing a second state, the first state being different than the second state, and at least some members of the crowd have positions with respect to each other that are the same for both the first recorded video track and the second recorded video track; wherein the transitioning comprises blurring display of one of the first recorded video track or the second recorded video track for a period of time.

Twitch Deletes Content for Copyright Infringement Without Warning

On October 20th, many Twitch streamers received an email from Twitch notifying them that content on their channels was subject to Digital Millennium Copyright Act (“DMCA”) takedown notifications for copyright infringement, and that the infringing content had been deleted. Twitch did not identify which content received takedown notices, or give streamers an opportunity to dispute the claims or save the content to their personal storage prior to it being removed. Because of this, streamers are unsure of what content was deleted, as well as what copyrighted material the deleted content contained. 

The safe harbors in Section 512 of the DMCA require that Twitch “responds expeditiously to remove, or disable access to, the material that is claimed to be infringing” once it is notified by a copyright owner of claimed infringement. Otherwise, Twitch could potentially be liable for any copyright infringements occurring on its services.

This follows a wave of takedown notices issued in June over copyrighted music that we previously covered. Since then, Twitch has implemented Audible Magic, a content identification service, to identify clips that may potentially contain copyrighted music and automatically delete them without penalizing streamers with a copyright strike to their account. Additionally, Twitch has created “Soundtrack by Twitch,” a music library that streamers can use during their streams for free without worries of copyright infringement. Twitch has also upgraded its management for clips (small portions of live streams that can be saved, typically of highlights from the stream) to include a better way to sort and delete clips (including all at once), as well as controlling who may create clips of a stream. 

Although Twitch had paused its processing of DMCA takedown notifications following the June influx, its normal policy is to record a strike to a streamer’s account for each violation, and ban a user after three strikes, However, in Twitch’s October 20th email, it referred to this latest round of takedown notifications as “a one-time warning,” and noted that it will “resume the normal processing of DMCA takedown notifications” on October 23rd.

Overzealous and opaque DMCA handling remains one of the most controversial problems in copyright law.  Many see a disturbing trend in content owners abusing automated takedown systems to improperly restrict de minimis use or other fair uses.

U.S. Patent No. 10, 625,156: Method and system for sharing video game content

Issued: April 21, 2020, to Sony Interactive Entertainment LLC
Priority Date February 27, 2017

U.S. Patent No. 10,625,156 (the '156 Patent) relates to interactively sharing video game content. The '156 Patent details a method of providing asynchronous and synchronous gameplay in which a user can select a segment of gameplay video to send to other users, and the recipient can select a starting point from within that video to begin an interactive session. The recipient receives the sender’s game state information (such as current health and ammo count), and is able to play that same segment of the game in the same state as the sender. If the recipient owns the game, it is played locally, otherwise the recipient can download the game (even if not owned) and play the shared segment. In some embodiments, game state data can be sent without a video, and in others, a gameplay segment may be played using the recipient’s own character rather than that of the sender. 

A video game sharing method and system enables users to share playable video game segments with users so that the users are able to view the video game segments or interactively play the video game segments. When shared, state information for the video game segments is included such that the users begin in the same position with the same relevant statistics. By enabling video game sharing, user enjoyment and video game popularity are increased.

Illustrative Claim:
1. A game sharing method for enabling sharing and playing of portions of video games, the method comprising: processing a video game with a first device; sharing video information of a segment of the video game of a first user with the first device directly or indirectly to a second device; enabling a second user to select any point of the video information of the segment with the second device; sharing state information of the segment starting at the point selected by the second user with the first device directly or indirectly to the second device; and enabling the second user to begin playing of the segment at the point selected by the second user based on the state information with the second device.


Enter your email address to be notified about new posts (average 1-2 emails/wk).


Lawsuit Updates

View All

Patent Spotlight

View All

Read the Book!

The Patent Arcade’s editors also have literally written the book on video game law. Get your copy today!

Latest News

Read More

Follow Us On
The Web’s Best IP Law Resources
Recognized By


The information on this site is provided for informative and educational use only and should not be relied on as legal advice.  No attorney-client relationship exists by virtue of you reading our blog.  Always consult an attorney if you need specific legal guidance.