In this instance, Nintendo hold copyright over the game, and therefore Mario himself, until 2080. In the case of a corporation such as Nintendo, the term of copyright is for the shorter of 120 years from creation or 95 years from publication. was released in 1985, and has since been under copyright.
US Copyright LawĪlthough copyright arises automatically in the US upon creation of an original work, there is the option to register one’s copyright, giving the registered copyright holder a more recognisable legal footing should litigation proceedings arise only if the copyright is registered can the holder claim for statutory damages during an infringement case. With Nintendo having aggressively targeted a college student who uploaded a browser-based recreation of the original Super Mario Bros. game for the Famicom/NES for copyright infringement, it is worth going a little deeper into the US copyright situation, and how it relates to the images rights of the hirsute mascot of the Japanese entertainment giant.
In a previous article, I detailed the UK position on copyright, and how it arises automatically. This article was first published in October 2013, and has now been updated to included new relevant material
