As one of China’s most highly anticipated AAA games, Black Myth: Wukong has gained global recognition for its cinematic visuals and advanced technical capabilities. However, the development and distribution of such a large-scale video game involves a wide array of legal considerations, ranging from intellectual property protection and contract compliance to data privacy, content regulation, consumer protection, and platform liability.
1. Intellectual Property (IP) Issues #
▪ Copyright and Trademark Protection #
Although Journey to the West, the source material for Black Myth: Wukong, has entered the public domain, all original elements in the game — including character designs, storylines, musical scores, and visual assets — are independently protected under copyright law.
For example, Game Science, the game’s developer, lawfully acquired rights to use the classic musical composition “Cloud Palace Music” from the Journey to the West TV series. Developers must ensure their original content is safeguarded against plagiarism or unauthorized use, while simultaneously avoiding infringement of third-party copyrights.
Game titles, character names, and artwork may also require trademark registration to ensure comprehensive legal protection.
▪ Adaptation Rights and IP Disputes #
Even though Journey to the West is a classical literary work, adaptations of specific characters or plot elements that have been commercially reimagined and copyrighted may trigger legal disputes. For instance, a designer with the verified Weibo account “玄鏐108” publicly accused Black Myth: Wukong of plagiarizing a forearm armor design originally created by him, and issued a lawyer’s letter in support of his claim.
2. Outsourcing and Co-Development Agreements #
▪ Outsourcing Contracts #
Game development frequently involves outsourcing components such as artwork, sound engineering, or code development to third-party vendors. Contracts must clearly define the scope of work, IP ownership, confidentiality obligations, and dispute resolution mechanisms to prevent future conflicts.
▪ Joint Development Agreements #
Where multiple development teams are involved, a comprehensive agreement should specify division of responsibilities, ownership of jointly developed assets, and revenue-sharing mechanisms. The failure to clarify ownership rights may result in legal deadlock over exploitation or licensing.
3. Content Regulation and Censorship #
▪ Domestic Content Review #
Games distributed in Mainland China must pass regulatory scrutiny by the National Press and Publication Administration (NPPA). Content must comply with restrictions on violence, religion, political themes, and cultural sensitivity.
Black Myth: Wukong, for instance, was reported to have altered in-game references to “alcohol” by replacing the term with “sweet dew” in its WeGame release to satisfy content compliance requirements.
▪ Cultural Sensitivities and Global Distribution #
For international release, developers must account for jurisdiction-specific content standards, which may require edits or localization. Countries may enforce bans or impose classification requirements on content involving violence, gender discrimination, or religious symbolism.
4. Data Privacy and User Agreements #
▪ Personal Data Protection #
Game developers that collect user data — such as account information and behavioral metrics — must comply with applicable data privacy laws, including the PRC Personal Information Protection Law (PIPL) and the EU General Data Protection Regulation (GDPR). End-user license agreements (EULAs) and privacy policies must be transparent and legally compliant to mitigate liability from data breaches or misuse.
▪ Minor Protection Laws #
Laws governing time limits, in-game purchases, and parental controls for minors vary by jurisdiction. Developers must implement age verification systems and protective features compliant with local legislation. For example, platforms like Epic Games Store restrict access based on age-related compliance requirements.
5. Legal Compliance with Distribution Platforms #
Black Myth: Wukong is slated for global distribution through platforms such as Steam and Epic Games Store. Developers must adhere to the terms of service, content policies, revenue-sharing models, and refund procedures imposed by these platforms. Non-compliance may result in delisting, fines, or contractual termination.
6. Esports and Derivative Product Licensing #
▪ Esports Rights #
If Black Myth: Wukong expands into the esports domain, the developer must secure legal rights regarding broadcast licensing, player contracts, and tournament organization. Unauthorized live-streaming of the game’s content on streaming platforms could constitute copyright infringement.
▪ Merchandising and Brand Collaborations #
Production and commercialization of derivative products — such as toys, apparel, or collectibles — require formal licensing agreements. These contracts should address product design, IP attribution, and authorized distribution channels.
For instance, Black Myth: Wukong collaborated with Luckin Coffee to launch a co-branded product line, which sold out shortly after release. Such campaigns must be underpinned by sound licensing and marketing agreements.
7. Use of Third-Party Technology and Open Source Compliance #
Game development commonly involves the integration of third-party development tools, engines (e.g., Unreal Engine), and open-source software. Developers must comply with the corresponding license agreements — whether open-source or commercial — and maintain accurate records of usage to avoid infringement claims.
For a detailed analysis, see our previous article:
“BLACK MYTH: WUKONG — LEGAL ISSUES BEHIND AAA GAME DEVELOPMENT WITH UNREAL ENGINE”
Conclusion #
The case of Black Myth: Wukong highlights the multifaceted legal landscape of AAA game development. From protecting IP and negotiating complex contracts to ensuring compliance with platform policies and global regulatory frameworks, game studios must adopt a proactive legal strategy at every stage of development and distribution. Failure to do so may result in litigation, reputational damage, or market exclusion — risks that no major title can afford.
This article is for informational purposes only and does not constitute legal advice. For case-specific consultation, please contact us. Read our full Legal Disclaimer, which also includes information on translation accuracy.
