Why doesn’t Palworld infringe copyright?
Palworld is a monster-collecting survival game that has sparked controversy over potential copyright infringement due to the similarity of its monsters to those in Nintendo’s Pokémon games. Senior legal counsel Tim Cotton explained that copyright protects original artwork, but he believes that Palworld’s monsters are very different from Pokémon, with different shapes, colors and characteristics.
Cotton emphasized the importance of avoiding confusion and said that as an observer, there is no obvious risk of people mistaking Palworld for Pokémon. He believes that differences in monster designs, no matter how subtle, can help avoid copyright infringement claims. While some concerns have been raised, legal experts such as Cotton and Richard Hoeg stress that winning an infringement claim based on indirect design similarity is challenging.
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Palworld faces potential lawsuit from Nintendo
The debate intensified as some anonymous sources claimed that Palworld’s in-game 3D models were very similar to those exported from Pokémon Scarlet and Violet on the Nintendo Switch. Some industry experts say the comparisons could serve as a “smoking gun” for Nintendo’s lawyers, providing compelling evidence of plagiarism.
Intellectual property lawyer David Hansel stressed that Nintendo needs to prove clear plagiarism, not just influence. Additionally, the controversy surrounding Palworld’s monsters being outfitted with guns has added another layer, with some arguing this could skew perceptions of Pokémon. Although Pocketpair denies intentional copyright infringement, the situation remains complicated, and legal experts acknowledge the difficulty of winning a case based on indirect design similarity.
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