Preserving Pixels: The DMCA and the Quest to Preserve Video Gaming's Legacy
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| 出版年: | Washington and Lee Law Review vol. 82, no. 2 (Spring 2025), p. 853 |
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| 第一著者: | |
| 出版事項: |
Washington & Lee University, School of Law
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| オンライン･アクセス: | Citation/Abstract Full Text Full Text - PDF |
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| 100 | 1 | |a Ennis, Samantha |u Washington and Lee University School of Law | |
| 245 | 1 | |a Preserving Pixels: The DMCA and the Quest to Preserve Video Gaming's Legacy | |
| 260 | |b Washington & Lee University, School of Law |c Spring 2025 | ||
| 513 | |a Journal Article | ||
| 520 | 3 | |a Video games have fundamentally transformed how humans learn, play, and connect, becoming essential cultural artifacts that warrant careful preservation for present and future study. Yet, video game preservation has emerged as a critical challenge for cultural institutions as the medium rapidly evolves and early works become inaccessible due to technological obsolescence and legal barriers. Without immediate action to address the limitations of current Digital Millennium Copyright Act ("DMCA") exemptions for video game preservation, libraries, archives, and museums risk permanently losing access to historically significant games, with studies showing 87% of pre-2010 video games are already inaccessible. Congress should amend the DMCA to establish broader exemptions for video game preservation by cultural institutions that recognize emulation as a necessary and cost-effective preservation tool, while implementing reasonable access controls that protect copyright holders' legitimate market interest. While scholars have extensively documented the technical challenges of video game preservation, and others have analyzed the DMCA's impact on digital preservation generally, existing literature has not comprehensively examined how the triennial rulemaking process specifically impedes institutional efforts to preserve video games in their playable state. This Note analyzes eight years of DMCA rulemaking proceedings to demonstrate how the temporary nature and narrow scope of current exemptions create unnecessary barriers for institutions, especially those using emulation as a preservation solution, while proposing both expanded temporary exemptions and broader statutory reforms that would enable preservation without undermining the commercial reissue market. By examining the technological necessity of emulation alongside the development of DMCA exemptions, this Note provides the first detailed analysis of how misalignment between preservation needs, technological solutions, and regulatory frameworks threatens both the historical record of video games and scholarly access to this culturally significant medium. | |
| 653 | |a Computer & video games | ||
| 653 | |a Digital Millennium Copyright Act 1998-US | ||
| 653 | |a Digital preservation | ||
| 653 | |a Cultural heritage | ||
| 773 | 0 | |t Washington and Lee Law Review |g vol. 82, no. 2 (Spring 2025), p. 853 | |
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