Preservation of video games and their role as cultural heritage

Video games are complex, intricate works of art that include computer program creations, ie software, graphical elements, musical compositions, sound recordings, other copyright-protected subject matter and sometimes performances by artists. As we are talking about one of the most important entertainment products of our time, it is perhaps not surprising that our first thought is not to preserve games and the elements linked to their development and the gaming experience. It is perhaps not too much of an exaggeration to say that we might not think of video games primarily as cultural heritage. Yet, if we consider the complex inner world of games and the social groups that play them, it is quite appropriate to examine whether they could be subject to the limitations and exceptions laid down in the copyright and related rights in the Digital Single Market (CDSM) Directive (Directive 2019/790), whether they are worthy of preservation and whether there are institutions whose activities are aimed at collecting, organizing, archiving and making them available for cultural purposes. Not only are video games worthy of preservation, but there are also institutions that systematically collect them. In fact, to turn the question around, video games themselves can play an important role in the preservation and conservation of cultural heritage. This article takes stock of the arguments for the preservation of video games as complex works forming part of the digital cultural heritage, in particular regarding the new exception in Article 6 of the CDSM Directive. It also examines the efforts already made to preserve video games. © 2022 Authors. All rights reserved.