Will Palworld Get Copyrighted? (+ the Pokémon Debate)

Palworld, a new game by Pocketpair, has been stirring controversy over potential copyright infringement, drawing numerous comparisons to the iconic Pokémon series.

This article delves into the various aspects of the debate, examining whether Palworld infringes on Pokémon's intellectual property and what legal defenses might exist.

But first, is Palworld copyrighted?

Yes, Palworld is already protected by copyright as an original work. 

The question is whether it infringes on existing copyrights, particularly those held by The Pokémon Company. 

If it does, legal challenges could alter its content or availability. However, the game itself, in its original form, has been subject to copyright protection since its inception.

Is Palword infringing on Pokémon?

And should we expect a Palword lawsuit?

Well:

Palworld, developed by Pocketpair, is a game that combines elements from various genres, including monster catching, survival, and crafting.

This amalgamation has led to comparisons with the Pokémon series due to its creature-collecting mechanics.

However, Palworld distinguishes itself by incorporating firearms, a stark departure from Pokémon's more child-friendly, combat-free approach​.

Some of the core similarities between Palworld and Pokémon lie in their creature designs.

Critics and fans have noted that certain creatures in Palworld bear a striking resemblance to specific Pokémon, sparking debates about potential intellectual property infringement.

For example, side-by-side comparisons of creatures from both games reveal similarities in the silhouettes and proportions, suggesting that Palworld might have drawn heavily from Pokémon's established designs​.

Despite these similarities, there are notable differences in gameplay mechanics and thematic content.

For example, Palworld introduces survival elements, such as building and crafting, which are not present in Pokémon games.

Are there genuinely many similarities between Palword and Pokémon?

The comparisons between Palworld and Pokémon have been extensive, with many pointing out the visual and thematic similarities.

Specific creatures, referred to as "Pals" in Palworld, have been scrutinized for their likeness to Pokémon.

For instance, some Pals exhibit design features and attributes that closely resemble Pokémon characters, leading to allegations of direct copying​.

However, supporters of Palworld argue that these similarities are superficial and can be attributed to common design inspirations rather than outright copying.

They point out that many of the creatures in both games are based on real-world animals and mythological creatures, which naturally leads to some overlap in design.

Did Palword use generative AI to produce Pokémon copies?

One of the more contentious issues is the accusation that Palworld used generative AI to create models closely resembling Pokémon.

Experts in the field have suggested that the striking similarities in character designs could indicate that Palworld's designs might have been derived from Pokémon assets, possibly through techniques like model tracing or direct copying.

This claim is supported by observations that some Pals in Palworld match Pokémon characters in proportions and features to an improbable degree without direct copying​.

Pocketpair, the developer of Palworld, has firmly denied these accusations, asserting that all their designs are original and have undergone legal review.

They maintain that any similarities are coincidental and not the result of using AI to replicate Pokémon designs.

Are there any legal arguments protecting Palworld?

The legal landscape surrounding Palworld's potential infringement is complex.

Copyright law protects the specific expression of ideas rather than the ideas themselves.

This means that while game mechanics and fundamental concepts cannot be copyrighted, specific designs and character models can be.

For Nintendo to initiate legal action and successfully claim copyright infringement, they would need to prove that Palworld's designs are direct copies of Pokémon characters rather than independently created but similar designs​.

There are several legal defenses that Palworld could potentially use:

• Fair use: Palworld could argue that their use of similar character design falls under fair use, especially if the game is seen as a parody or a transformative work that provides new expression or meaning​.
• Transformative use: The game's incorporation of unique elements like survival mechanics and firearms could be viewed as transformative, potentially providing a defense against infringement claims.
• Common design inspirations: Palworld could argue that the similarities are due to common design inspirations, such as mythological creatures and real-world animals, which are not protectable under copyright law​.

How has Nintendo dealt with Pokémon clones in the past?

Nintendo and The Pokémon Company have a history of taking legal action against unauthorized uses of their intellectual property.

This includes fan-made games and mods that closely mimic Pokémon designs and gameplay. For instance, fan projects like Pokémon Prism, a ROM hack of Pokémon Crystal, were shut down by cease-and-desist orders from Nintendo​.

Nintendo's non-response to PlayStation Battle Royal Allstars

On the other hand:

PlayStation Battle Royale All-Stars, a game with clear similarities to Nintendo's Super Smash Bros., didn't provoke legal action from Nintendo.

This suggests that Nintendo may choose not to pursue legal action if they believe the case is not strong enough or if the potential benefits do not outweigh the costs.

In the case of Palworld, Nintendo has issued statements indicating that they're investigating the matter and will take appropriate action if necessary.

This cautious approach might be due to the nuanced differences between Palworld and Pokémon and the potential public relations impact of pursuing legal action against a new and innovative game​.

A case of time

The controversy surrounding Palworld and its alleged similarities to Pokémon raises essential questions about the boundaries of inspiration and infringement in game design.

While there are undeniable similarities, the distinct elements of Palworld and the complexities of copyright law make the outcome pertaining to intellectual property rights uncertain.

Whether Nintendo will pursue legal action remains to be seen, although it seems unlikely at this point.

But, should a case occur, it could set significant precedents for the gaming industry.