This one’s for my fellow game lovers.
As a devoted Fortnite fan, I’ve always appreciated its simplicity and fun. Call of Duty, on the other hand, has always felt more complex to me. Despite this, I’ve spent time watching others play Call of Duty, and I couldn’t help but notice the striking similarities between these two popular games. However, there was one significant difference: Fortnite didn’t have a feature like Call of Duty’s Resurgence.
For those unfamiliar, Resurgence allows your teammates to redeploy to the map as long as one squad member remains alive. However, on June 22, 2024, Fortnite launched a new mode called Fortnite Reload. When a player is downed, their individual reboot timer begins and will keep running as long as one other team member is alive. Reboot timers start at 30 seconds and increase to 40 seconds later in a match. Teammates can decrease the time until their friends return by downing an opponent (-2 seconds), eliminating a player (-4 seconds), and wiping a whole squad (-10 seconds).[1]
While I do not know the exact timing in Call of Duty, there’s no denying that this new Fortnite Reload mode was inspired by Call of Duty’s Resurgence. Many prominent Call of Duty news pages on X have reacted to this post with the same statement: Reloaded is, in fact, a copied game mode from Warzone coming to Fortnite. This apparently isn’t the first time, as Activision, the company behind the Call of Duty franchise, has previously sent out notices to certain creators within Fortnite’s ecosystem to remove all Call of Duty-inspired Creative 2.0 maps.[2] Others have super-positive takes on this matter, with comments like “Fortnite added Resurgence, Warzone is SOOOOO CANCELLED.”[3] Charlie Intel had an opposing view, calling out Fortnite to “be original or something.[4]
This brings us to my concern, or rather curiosity. Isn’t originality a major factor to be considered in copyright? Do game modes fall under copyright?
Legal Considerations: Copyright, Patent, and Beyond
Copyright Law:
Copyright law protects the expression of ideas, not the ideas themselves. This means that while a specific map, character design, or dialogue in a game can be protected, the general concept of a game mode, such as a battle royale with a resurgence mechanic, cannot. The new features in Fortnite Reload are likely inspired by Call of Duty’s Resurgence, but unless the exact code or specific design elements are copied, it doesn’t constitute copyright infringement.
Patent Law:
Patent law could potentially protect unique game mechanics if they are novel and non-obvious. If Activision had patented the Resurgence mechanic, they could theoretically pursue legal action. However, patents are rare in the gaming industry due to the high bar for what constitutes a patentable innovation. Moreover, patents are publicly disclosed, allowing others to create similar, but distinct, features.
Community Reactions and Ethical Considerations
The gaming community’s reactions to Fortnite Reloaded have been mixed. Some see it as a direct copy, while others welcome the feature as an exciting addition to Fortnite. In the words of Boop, “Fornite is saved again”.[5] The ethical debate centers around innovation versus imitation. In a highly competitive industry, drawing inspiration from successful features is common, but it raises questions about where the line between inspiration and copying should be drawn.
Conclusion
The introduction of Fortnite Reloaded highlights a broader issue in the gaming industry: the balance between originality and inspiration. While intellectual property laws offer some protection, they do not cover every aspect of game development, especially when it comes to general gameplay mechanics.
As games continue to evolve and developers seek to create engaging experiences for players, the line between originality and inspiration will remain blurred. For gamers, the ultimate question may not be about legal distinctions but about what makes a game enjoyable and unique. Whether Fortnite Reloaded is seen as a copycat move or a clever adaptation, it’s clear that the gaming industry thrives on both innovation and iteration.
[1] https://www.ign.com/articles/fortnite-reload-is-a-new-mode-with-a-new-map-endless-revives-classic-elements-and-no-vehicles
[2] https://www.sportskeeda.com/fortnite/news-call-duty-creator-sends-notice-delete-fortnite-creative-2-0-maps-following-copyright-concerns
[3] https://thenerdstash.com/fortnite-is-about-to-copycat-call-of-dutys-resurgence-mode/
[4] https://x.com/charlieintel/status/1804203973135512010?s=46&t=lJO-kUlCEIJec9OJKRnGwA
Copyright & Social Media
Communications Law