Not Legal Advice: Game Emulation
An Introduction to the Legal Aspect of Video Game ROMs and Emulators
Last updated
An Introduction to the Legal Aspect of Video Game ROMs and Emulators
Last updated
Browser-based emulators are legal in many countries because they do not contain any of the original code from the console they are emulating. Instead, they are typically a re-implementation of the console's hardware functionality, achieved through reverse engineering. This process involves analyzing the console to understand how it works, but crucially, not re-using any of its proprietary code. Since this original code is what is protected under copyright law, emulators that avoid using it generally do not infringe on these rights.
Significant legal issues arise, however, when considering ROMs – the digital files of the games themselves. ROMs represent a critical component for emulators, as they contain the game data necessary to play. Downloading or playing ROMs that were not physically copied from a game you currently own typically breaches copyright laws, assuming the game's copyright has not expired. For video games produced by companies, this duration is usually around 95 years from publication. However, there is an exception in the form of public domain ROMs. Public domain ROMs can be legally downloaded and used without infringing on any copyright laws. Their public domain status implies that the original creators have relinquished their exclusive rights, or that those rights have naturally lapsed over time.
For personal backups, the legal landscape varies. In some regions (notably in the US), it's permissible to use a browser-based emulator to play a backup of a game you physically own. This provision is designed to allow individuals to preserve their purchases, but it's important to note that it doesn't extend to downloading ROMs from the internet, which remains a legal gray area. The most legal way to play these games is by creating backups directly from the cartridges you own. This can be done using a cartridge reader, a device that reads the data from your physical game cartridge and enables you to create a ROM file on your computer.
Under U.S. Copyright Law, particularly Section 117 of the Copyright Act, owners of legal copies of computer programs (including video games) are allowed to make a backup copy for archival purposes. However, it's crucial to ensure that this backup is used only as a personal copy and not distributed. Additionally, any form of Digital Rights Management (DRM) protection must not be circumvented in the process, as per the Digital Millennium Copyright Act (DMCA). This means that using a cartridge reader to directly copy the data from your legally owned game without breaking any DRM is likely the safest legal method.
ROM hacks are often legally permissible largely because they are distributed as patch files, which themselves do not contain any copyrighted material from the original game. This form of distribution is key to their legal standing. Users who legally own a copy of the original game can apply these patches to their own copies, thereby modifying a game they have already acquired legally. By providing only the patch file and not the complete game ROM, creators of ROM hacks avoid direct infringement of copyright laws. This method respects the intellectual property rights of the original game developers, as the patches require a legally obtained game to be functional. The responsibility for using these patches in compliance with the law rests with the users, who must ensure they are applying them to legitimately owned copies of the games.
The legality of using browser-based emulators and ROMs is also subject to regional differences. Various countries have their own sets of copyright and intellectual property laws, which can significantly impact what is and isn't allowed. In some countries, the laws may be more lenient towards the use of emulators and ROMs, while in others, they might be much stricter. It is therefore essential for users to be aware of and respect the legal frameworks in their respective regions when engaging with browser-based emulators and the games they wish to play.
