Abstract
Central to Games Workshop’s Intellectual Property (IP) Law policy is its stringent enforcement mechanism. In doing so, the company engages with a proactive approach to engagement and enforcement of IP protection measures across a wide range of unauthorised uses of its IP. The purpose of such a zealous approach is to ensure the integrity and authenticity of its brand, as well ensuring a consistent and high-quality consumer experience. However, this approach is not without controversy.
This paper will examine the historical and more modern approaches to IP law that Games Workshop, charting the more robust and open uses of material such as Inquisitor Obi-wan Sherlock Clouseau, to the Chapterhouse law suit, and the currently naming conventions within the company that lend itself to a more protective application of IP law. In doing so, many argue that such practices have and do create the risk of stifling creativity and fan engagement while trying to protect the ‘Brand image’. Other argue that by securing its IP, the company incentivizes investment in new product development and creative endeavours, contributing to its sustained market leadership. Nevertheless, Games Workshop’s IP strategy underscores the delicate balance between protecting corporate interests and fostering a vibrant, participatory culture among its fanbase.
Games Workshop’s IP law policy and practices serve as a compelling case study of effective intellectual property management in the gaming industry, illustrating both the benefits and challenges of robust IP protection. This paper concludes by evaluating the implications of Games Workshop’s IP policies for the broader gaming industry and considers potential future challenges and adaptations in response to evolving legal landscapes and market dynamics. The discussion aims to provide insights into the effectiveness of stringent IP enforcement in niche markets and its impact on innovation and creativity within the industry.
Author bio
Dr Liam Sunner is Lecturer (Education) in Law and Technology at Queen’s University Belfast. His
research explores the intersection of intellectual property (IP) rights and human rights. He also maintains an active interest in the related developments surrounding the areas of law, technology, and cultural rights.
