This document discusses the copyright infringement case Capcom v. MKR, in which Capcom alleged that the video game Dead Rising infringed on the copyright of the 1978 film Dawn of the Dead. It outlines the prima facie case for copyright infringement and analyzes whether elements of the game like plot, characters, themes, and total concept and feel improperly appropriated protected expression from the film. It also discusses relevant copyright law concepts like idea/expression dichotomy, merger, and scenes a faire that could impact whether similarities between the works constitute infringement.

1. How Capcom v. MKR challenges the application of modern copyright infringement analysis to modern video games Doctrine of the Dead

2. Capcom v. MKR Dead Rising (2008 game) v. Dawn of the Dead (1978 film)

5. Defendant copied Plaintiff’s work

8. The infringement analysis Objective Subjective Plot & sequence of events Characters Themes Dialogue Mood Setting Pace Total concept & feel? Ordinary observer Target audience Gamers Total concept & feel?

9. Objective Analysis

10. Sandbox-style gameplay (n) - a mode of play in which you can fool around in a game’s world without being required to meet a particular objective. Sandbox mode is normally used to describe special modes within otherwise goal-oriented games, not open-ended games like SimCity. - Edge Online

11. Freeform games

12. Plot & sequence of events

13. Dialogue

14. Pace

16. Sid & Marty Krofft v. McDonalds H.R. Pufnstuf v. McDonaldland Total concept and feel

17. 1976 Copyright Act § 102(b) In no case does copyright protection for an original work of authorship extend to any … idea conceptregardless of the form in which it is described, explained, illustrated, or embodied in such work.

18. Idea / Expression Dichotomy Expression Idea Survivors are trapped in a shopping mall during an unexplained zombie outbreak. They use the contents of the mall for survival, entertainment, and protection once the mall is overrun by both zombies & psychopaths.

20. Merger When an idea can only be expressed in very limited ways, those expressive techniques merge into the idea and are not copyrightable. The idea is in the public domain. The limited means of expressing it belong to the public. This avoids conferring a monopoly on the idea.

21. Scenes a Faire ‘Scenes that must be done’ Incidents, characters or settings which are as a practical matter indispensable, or at least standard, in the treatment of a given topic Necessarily depends on the topic

22. Data East USA v. Epyx

24. Zombies

25. Escalators leading to a food court

26. Survivors visiting the gun store

27. Survivors becoming infected

28. Helicopter rescue

29. Decapitations