Movie IP and Video Games

Movie-inspired video games are nothing new. Popular movies and movie franchises attract the attention of companies that want to use their intellectual property (“IP”) to sell products, including video games. Examples include Star Wars, Star Trek, and Transformers.

Star Wars was one of the first popular science fiction movie franchises and inspired games directly tied to it, like Star Wars Battlefront II (2005), Star Wars Battlefront (2015), and the Star Wars Battlefront II (2017). These games allow the player to play as their favorite Star Wars characters, such as Luke Skywalker, Anakin Skywalker, Obi Wan Kenobi, Jyn Erso, etc.

Star Trek has a MMORPG game called Star Trek Online, where you can choose your faction and be the main character of your story.

The Transformers movies from 2007 to 2014 influenced many video games on different platforms from the Nintendo DS to the Playstation and Xbox consoles.

Top Gun and its sequel Top Gun: Maverick are American movies that feature thrilling aerial combat, and inspired many video games. Top Gun was released in 1986 and featured Tom Cruise’s character Maverick as a naval pilot who is training at the elite Fighter Weapons School. The sequel, Top Gun Maverick, was released in 2022 and depicted Maverick training a new generation of fighter pilots. These movies were so successful that they directly and indirectly inspired video games. Directly-inspired video games are those that are based on the movie’s characters, plot lines, etc., while indirectly-inspired video games indirectly inspired by the Top Gun movies are those that are not connected to the movie but are inspired by it in some way, such as featuring aerial combat. For example, (NES) Top Gun, Top Gun: Second mission, After Burner, and Top Gun: Hard Lock are directly-inspired video games, while War Thunder, Ace Combat, and Project Wingman are indirectly-inspired video games influenced by Top Gun (Fox, 2022).

For example, this is a gameplay of NES Top Gun by Konami, a Top Gun video game directly inspired by the movie. Players take on the role of a pilot training at the elite Fighter Weapons school and fly in actual combat. This is directly based on the movie’s story, the only difference is that there isn’t any plot.

Ace Combat is a video game series that features semi-realistic and dramatic gameplay that takes place in a fictional universe called Strangereal, where superweapons are built and used by its world’s countries more frequently. It was indirectly inspired by Top Gun; its music was inspired by the series. This is a video about Ace Combat 7’s Top Gun: Maverick aircraft set that features the planes that were used in the movie including the experimental aircraft, Darkstar. The video also plays a remix of the song Danger Zone by Keiki Kobayashi.

Project Wingman is a video game that was indirectly inspired by Top Gun. It was directly inspired by Ace Combat but its references to Top Gun are still present. Like Ace Combat, it takes place in a fictional universe, but in an alternate earth setting where the world is recovering from an apocalyptic event hundreds of years ago, creating new nations and empires. You, a mercenary, have been asked to fight the new world order, the Pacific Federation, and free the nation of Cascadia from their control. This is a trailer for the game’s release.

Writing Video Game Scripts  

While there are games that are directly or indirectly based on movies, making a video game isn’t the same as writing a movie (Miyamoto, 2018). Story-driven video games can come off as an “interactive movie” but the way they are created is different. Project directors are responsible for building conceptual designs and gameplay mechanics. It’s only after that process that story writers come into play (Miyamoto, 2018). The order of game development is generally this: Project directors, game designers, other technical professionals, screenwriters. When creating video games based on movies, aside from obtaining a license, the creators must understand the source material, write a script based on that material, and design game mechanics that align with their narrative (Miyamoto, 2018). You don’t want your video game that you play to end up becoming a story you can’t interact with, especially when you are the one that should be in control. 

Jack Epps Jr., the co-screenwriter of Top Gun, developed narrative elements of a PlayStation Top Gun video game. His aim was to ensure that the game remained true to the spirit of the original movie, focusing on the seamless integration of gameplay and narrative elements. Epps explained, "Part of it was staying faithful to the essence of the original game, including much of the narrative and characters. I also wanted to introduce new elements and storytelling. So, my involvement was primarily centered on enhancing the narrative to ensure it truly encapsulated the essence of Top Gun." ("Top Gun’s Jack Epps Jr.," 2010). 

Mr. Epps explained to us that Paramount Pictures owns the intellectual property rights to Top Gun characters, so if a video game company wants to include those characters in a game, it needs a license from Paramount.

Understanding Legal Aspects of Licensing Movie IP for Video Games

Maya Yamazaki is a Georgetown Law School alum who is now an Intellectual Property lawyer who works in different fields of technology and media in Seattle, Washington. Her practice includes negotiating and drafting agreements for video game clients, representing music publishers and artists, and counseling clients on intellectual property, social media compliance, and licensing agreements. She also has experience in litigating copyright disputes, and trade secret and federal trademark cases. (Maya Yamazaki, n.d.). 

Under U.S. copyright law, copyright owners have the exclusive right to make derivative works. Video games based on movies are derivative works; they are games derived from the story or characters of a movie. So, if a video game company wants to make a video game based on a movie, it will need to get a license from the company that owns said movie (Building on Copyrighted Work, n.d.).  Ms. Yamazaki explained to us the process in which video game companies enter into licensing agreements to use the IP of other entities.

Utilizing movie IP represents a great opportunity for video game companies to attract new players to their games. Ms Yamazaki explained that video game companies have not always been eager to use movie IP, but that has changed over the years.

Licensing agreements for video games should specify the gaming platforms on which the games can use the licensed IP. Ms. Yamazaki explained licensing agreements in terms of gaming platforms.

Sometimes video games have controversial content that may upset players, ranging from political remarks to historical content.  Most video game companies are careful not to portray real-world nations and even go as far as to create fictional countries like in Ace Combat and Project Wingman. Ms. Yamazaki discussed these situations, and how companies deal with problematic content.

When Licenses Are Not Needed

AM General LLC v. Activision Blizzard, Inc. was a trademark lawsuit between the creator of Call of Duty and AM General, the manufacturer of the Humvee military vehicles. The court found that Activision’s of Humvees in the game was protected by the First Amendment, since it was artistically relevant and not misleading (Activision Wins the (Trademark) War n.d.). The ruling is consistent with the principle that trademark law does not interfere with artistic expression. The decision also recognizes that realism and historical accuracy are important in video games, as they are a form of creative work (Activision Wins the (Trademark) War n.d.). 

Accordingly, video game companies may have some leeway to depict real aircraft in their games without first obtaining a license from the aircraft manufacturers or owners.  For example, using the Russian aircraft in the Top Gun video games and other inspired works may be considered a form of artistic and creative expression and are recognized as fair use. While there were cases of controversy surrounding the origin of military equipment in video games, it was quickly seen as a form of entertainment protected by the principles of free speech. So, if you see a Mig-29 or Su-37 fighting F-15s in a video game, know that it's only used for gameplay purposes and exists for the player's enjoyment.

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