We’re seeing an increase in generative AI uses across industries. Eventually, the video game industry will do the same. Generative AI in game development will create massive shifts in the industry. When that time comes, game developers need to consider the potential impact that using generative AI will have on them.

Using generative AI offers remarkable opportunities, but it also brings about unique legal issues that game developers must carefully navigate.

Understanding the issues in using generative AI in game development

Game developers can use generative AI algorithms to create content with very little input. For example, game developers can use generative AI to create procedurally generated landscapes, important characters and in-game music. Generative AI can potentially cut down the time game developers take to develop their games.

If game developers plan to use generative AI to develop their games, they need to address issues related to intellectual property, ownership, and liability.

Intellectual property concerns in generative AI

When using generative AI to shape game elements, clarifying content ownership becomes important. Typically, if you hire someone to craft an in-game asset, ownership is straightforward. However, the minimal human input in AI-generated work can complicate ownership identification. To address this, assess the ownership terms stipulated by the generative AI tool you employ. Additionally, be wary of potential copyright violations in content produced via generative AI. Game developers should regularly audit AI-generated content to prevent copyright infringements.

Liability and Unintended Content

Depending on the extent that you use generative AI in video game development, the AI might create inappropriate or offensive content. This creates significant liability for game developers. We recommend including robust content filters and monitoring mechanisms can mitigate these risks. You can also include accessibility settings that allows players to choose which content they want to expose themselves to.

Transparency and Consent in using generative AI

If you intend to use the data generated by your players to train generative AI, transparency is important. This is particularly important if the use of AI impacts a players gameplay. If you want to use data generated by players to train generative AI, you need to make players aware of this, and explain how their data will impact their gameplay. We recommend getting players consent for this as well. Transparency enhances player trust and helps protect the game developers from potential legal actions.

Actions You Can Take Next

We can help you:

  • Determine how AI impacts your organisation by asking us for an AI risk assessment.
  • Protect your intellectual property by asking us to draft or review contracts with AI providers.
  • Stay updated with the latest AI law news by subscribing to our newsletter.
  • Discover more about AI by reading our AI law page.