Wednesday, March 4, 2009

Checkmate: Has Copyright Law Met its Match?

Question: Are chess moves subject to copyright law? Should they be?

Earlier this month, a German chess site, "Chess Base" was broadcasting the first four games of a match between World Cup candidates Veselin Topalov and Gata Kamsky. The site was required to cease broaddcasting because it lacked permission from the Bulgarian Chess Federation (BCF). A friend forwarded me the article, which can be found at:

http://www.wccc2009.com/en/news&article_id=41.html

The action begs the question: can a chess move receive copyright protection? I must admit, I am no expert when it comes to the mechanics of chess, but I would first want to gain a better grasp on what category of copyrightable subject matter "chess moves" would fall under in Section 102 of the Copyright Act. Since there are a limited number of moves (I suspect) wouldn't chess be reduced to something as formulaic as a mathematical equation, and wouldn't its factual essence prevent copyright protection?

There is another layer here: the fact that the moves in question were a part of a broadcast (an internet broadcast, to be precise)...perhaps we can more accurately compare chess moves to a musical composition, where certain groupings produce a more desireable result...but back to the broadcast itself...much like a book published on chess moves (literary work), the broadcast may be able to receive protection which would not extend to the underlying ideas, concepts, principles illustrated (Section 102 (b)). However, the notion that chess players could profit from their moves makes chess even more intriguing to me...what would Bobby Fischer think?

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