Can You Copyright A Chess Move?
from the well,-no… dept
by Mike Masnick
Tue, Mar 10th 2009 7:02am
Stephen S. Power alerts us to an ongoing debate in the chess world over the question of whether or not you can copyright a chess move.
Specifically, the current debate arises from a demand by the Bulgarian Chess Federation that certain websites stop “live broadcasting” a chess match, saying that it violates copyright law. I’m certainly not familiar enough with Bulgarian copyright law to know if it actually could be interpreted in such a ridiculous manner, but in the US, at least, lawsuits have clearly stated that reporting on the facts and data from a sporting event is perfectly legal under copyright law.
Most of the article focuses on the philosophical questions concerning whether or not a chess move can be “owned,” but it’s hard to think about the issue in any terms and come up with a good explanation for how such a move could be covered by copyright law. If you take that to the extreme, it would mean that you simply couldn’t play chess. Whoever played the first few games would “own” most of the opening moves and everyone else would be out of luck.
I imagine that the copyright supporters might insist that this would only force other players to use new moves, thereby increasing their creative output. Yes… I’m being sarcastic here, but it does highlight just how silly it is to even think about the idea of copyrighting chess moves, or even a collection of chess moves in terms of “broadcasting” a match.
Source: http://www.techdirt.com
A correct approach would be to attribute the autorship of the move to the first known author/player (without economic strings attached).
Chess moves aren’t copyrighted under international law (the Berne Convention), which Bulgaria IS a party to.
http://en.wikipedia.org/wiki/List_of_parties_to_international_copyright_treaties
Commentary on those moves can be copyrighted, of course.
I don’t know about Bulgarian law. You’d think it couldn’t contradict international law that they’ve agreed to, though theoretically a law could say just about anything. The government of Syldavia could pass a law prohibiting the sky from being blue, for all the good it would do.
If nobody has cited the law in question, and it contradicts international copyright law, then I would assume that it’s all smoke and mirrors, and doesn’t really exist until somebody shows otherwise. But just to be safe, Susan should refrain from traveling to Bulgaria until she finds out for sure whether she’s wanted there.
If you have purchased the exlusive rights to transmit live games, e.g. box, soccer, olympics etc. No one else without your permission has the legal right to re-transmit or re-broadcast that event.
It does not have anything to do with chess moves.
Of course copyright of chess moves is silly. Maybe kicking the ball with right foot can be copyrighted then too.
aaah! horseshit
No one else without your permission has the legal right to re-transmit or re-broadcast that event.
That’s because these exclusive rights are based on copyright law.
It does not have anything to do with chess moves
Since chess moves don’t fall under copyright law, the moves of a match can be re-transmitted without permission.
“Since chess moves don’t fall under copyright law, the moves of a match can be re-transmitted without permission.”
No they cannot. Since the copyright in this case is the sequence and timimg of each move. After the game is over re-transmission is fine, but not during the game.
All,
I am a relative of Ruy Lopez. We have been trying for years to get the Spanish courts to grant royalties any time a player plays:
1] e4, e5
2] Nf3, Nc6
3] Bb5
We believe that we are owed huge amounts of back royalties from many of the past world champions through FIDE (and scores of lesser players) and we are preparing lawsuits against FIDE, USCF and the online chess playing web sites.
When we prevail, anytime a player plays, 3]Bb5 it will trigger a pop-up box that will charge a small royalty fee to the player’s credit card.
Should people try and get around our patent claim by playing 3]Bc4
we have contacted the Guccio Piano
family who agreed to keep their royalty fees in parity with ours.
I hope you all agree that is about time that the inventors of chess openings and novelties be compensated for their hard work.
Since the copyright in this case is the sequence and timimg of each move.
Please cite the relevant part of the copyright law. You can’t just make this stuff up yourself. Besides, at least half the time, Susan has correctly predicted the next move. She should sue the players, or force them to think of something else.
Here is likely situation:
Chess moves themselves obviously can’t be copyrighted. That is NOT the issue. The issue is the broadcast itself. I think there are fine technical details which are likely to determine this issue. I think the Bulgarians are right, if and only IF a third party taps in to the direct broadcast itself, and re-broadcasts THAT particular signal. The Bulgarians are wrong however, if somebody simply looks at their broadcast, sees each particular move, and without any specific electronic connection to the Bulgarian signal, just types in the move into another computer program which then REPORTS that particular move to wherever else.
So, unless Playchess hooked its computer program to the Bulgarian signal and automatically re-broadcasted it, has the rights to report on the move, which were freely broadcasted to anyone who accessed the http://www.wccc2009.com website (which didn’t even require a login).
No they cannot. Since the copyright in this case is the sequence and timimg of each move. After the game is over re-transmission is fine, but not during the game.
If you try to cite the law in question that says that, you will soon find that it doesn’t exist. This is merely the law that you think SHOULD exist. Let’s not confuse wishes with reality.
“I am a relative of Ruy Lopez.”
You sound more like a freaking nut-job like Sam Sloan or Markus Roberts.
You are another wierdo attracted to chess.
What are you going to do next? Sue people for use of the Sun because it shone on Ruy’s behind evvertime he took a dump?
Rediculous!
aah so much brain power spent on this bulgarian malarkey…I can look at TWIC, etc to see the moves being played (albeit delayed) of a match. Suddenly, from behind the now-fallen iron curtain(?) comes the ridiculous idea that we-own-this-and-you-must-get-our-authority-to-see-it…that backward mentality…like the people who believe in parapsychologists and cat5 leads popping out concrete and being plugged into cranium to download latest moves?
I looked on a website to see the latest cricket/football scores…o dear, I wasn’t watching Sky TV…should Sky/Murdoch go after every media website who’s passed along results/up-to-minute details of a sporting event that Sky’s broadcasting? Is there to be a ban on the refresh button?
I think our Ruy Lopez descendant was joking… 😉
The writer does not understand copyright law.