The video game industry continues to grow, driven by new challenges related to rising development costs, the difficulty of retaining talent, and the (continued) growth in the number of players.
New generative artificial intelligence tools are proving to be attractive assets to support this transition, exploitable at different stages of a video game’s life cycle: during its development, operation and deployment, maintenance, etc. Generative AI will thus bring significant benefits to studios, publishers, gamers, and their partners.
However, their use must remain cautious in view of the diversity of legal issues and risks involved in a wide range of areas, including information security, advertising regulations, intellectual property rights, GDPR, etc.
Support from specialist lawyers in all these areas ensures reliability, professionalism, and security for the successful development of studios.
Developing a video game with generative intelligence tools
Assistance with content creation within video games is commonplace in the industry. In addition to the services of providers specializing in specific content—game design, monetization, sound effects, music, etc.—some publishers encourage the creation of specific content generated by the players themselves.
The vast majority of video game studios now use specific game engines to support the content they develop—Unreal Engine, Unity—which has led to the creation of an intermediate market for providing assets and other content to studios.
In the same vein, the use of generative artificial intelligence tools by developers and creators can significantly speed up their work: Preparation and writing of stories and non-playable characters (NPCs), creation and even customization of game assets (maps, environments, characters, items), assistance in writing dialogues and in-game text content, addition and composition of music, translation of text and audio content into different languages, etc.
A growing range of AI-based support tools is being developed by companies specializing in asset creation.
Assets, AI-generated content & intellectual property
The conditions for exploiting these assets and content generated by artificial intelligence require studios to give serious consideration to the future exploitation of their games in terms of intellectual property.
License agreements. Strict contractual frameworks guaranteeing favorable licensing terms for the assets recovered, as well as vigilance with regard to the general terms and conditions of the AI tools used, will ensure the smooth commercial exploitation of the video games developed. Contracts between video game developers and AI providers must include specific clauses on liability and indemnification.
The implementation of a strategy for using these tools, documentation of creations, and legal verification and safeguards for their exploitation are important in limiting conflicts over ownership of rights and lawsuits for copyright infringement and unfair competition.
AI training & copyright. The recent release of the video game “Palworld,” which has been accused of infringing on the “Pokemon” franchise through its extensive use of artificial intelligence tools, is currently the subject of legal proceedings concerning the conditions for training AI models using existing works (images, texts, music) protected by copyright.
Commercial exploitation of video games and artificial intelligence
Artificial intelligence tools can also help studios manage player communities in various ways:
Moderation. Moderation of user-generated content, forums, and social networks. AI can consolidate existing chatbots, enabling them to respond more accurately to players’ questions about the game, its availability, features, etc.
Bug tracking. In addition, AI can identify and address frequently reported bugs and technical issues by gathering player feedback. This responsiveness improves the user experience and limits occasional frustrations during video game launches.
Player control: cheating & abuse
A crucial issue for studios, the monitoring of abusive practices and other forms of cheating ensures that all players enjoy an unaltered gaming experience. Given the considerable number of players and the difficulty of identifying these practices, the assistance of an AI tool would help to limit cheating in various ways:
By analyzing player behavior in real time to detect anomalies (aimbot, wallhack) or the use of automated scripts.
By monitoring the integrity of game files and detecting suspicious third-party software or code injections.
For multiplayer games, by identifying unfair collaborative behavior, such as boosting or exploiting vulnerabilities.
By isolating cheaters in separate games or disabling certain features that are being exploited illegally, thereby reducing their impact—Shadowban.
Under human supervision, by automating warning or penalty processes.
However, it is important for studios to be extremely vigilant in supervising procedures for monitoring player behavior, particularly with regard to cheating. Indeed, “disciplinary” measures against players are likely to result in legal disputes.
Our dedicated article on player bans and sanctions
Market research: Financial analysis boosted by AI
Financially, the AI-accelerated study of historical data and market trends associated with the specific features of the game being launched facilitates possible adjustments to advertising strategies, potential stock levels for physical versions of published games, the organization of dedicated events in geographical areas identified as promising, etc.
Legally, it is important to ensure that data transmitted to AI tools is protected, particularly when it is subject to licensing. In such a context, identifying the responsibility of each party in the event of malfunction or erroneous data retrieval are points that need to be anticipated.
For example, uncontrolled geographical analysis by AI could lead to an excessive concentration of marketing or commercial resources in specific areas without real added value for the studio, resulting in practices perceived as discriminatory towards other markets. Furthermore, if AI uses exclusive data to create an unfair advantage over competitors, this could lead to investigations into anti-competitive practices, particularly in highly regulated markets.
Content generated in response to player reactions. In terms of marketing, AI can also contribute to a better player retention strategy by creating additional dedicated content such as contests, social media posts, and streaming platform content tailored to initial audience reactions: graphics, promotional messages, or “first impression,” “gameplay,” or “best-of” videos.
Artificial intelligence and marketing: a complex tool for studios
Several studies published in 2024 attest to the growing share of publishers’ budgets devoted to marketing and advertising video game content. While more than 25% of their revenues are invested in marketing campaigns to reach a variety of target audiences, marketing strategies often struggle to be profitable.
In fact, campaigns for major titles—AAA games or certain particularly popular mobile games—require massive advertising budgets, particularly through social media, which can include a variety of formats: commercials, sponsored content, partnerships with influencers, etc.
With more than 14,000 titles released in 2023, these advertising campaigns are carried out in an extremely competitive market, particularly on mobile, with players being oversaturated. Especially for newly launched games, studios and publishers do not have accurate information to identify player expectations and segment their audience.
Other factors must also be taken into account: the disorganization of promotional campaigns with game development cycles, the neglect or underestimation of feedback from communities and influencers on released titles, exaggerated or even misleading promises about game content, and the failure to adapt content to regional and cultural trends among audiences.
To be effective, marketing campaigns require targeted advertising, a strategic distribution channel policy, and structural consistency between the resources dedicated to game development, promotion, and post-production.
AI Law: Optimizing Marketing Campaigns with AI
In this context, artificial intelligence and data-driven analytics improve marketing effectiveness by optimizing campaigns and strengthening player engagement.
First, AI tools can support and simplify the creation of text and images for digital ads, as well as ensure quality control over the content generated. In a structured and automatic way, AI can also dynamically adapt advertising content to different platforms—YouTube, TikTok, Facebook, etc.—and target audiences, saving time and improving campaign relevance and engagement rates.
By analyzing data such as player preferences, gaming history, and social media interactions, AI can create ads tailored to each demographic segment. For example, a gameplay trailer highlighting the competitive aspect of the game could be shown to esports players, while a story-focused version could be aimed at a narrative-driven audience. In real time, AI can also adjust campaigns based on performance (clicks, downloads) to maximize their impact.
It is also possible to speed up the process of assigning tags and metadata when deploying campaigns. Thanks to models trained on huge databases, AI tools can identify the keywords and descriptions most likely to attract players’ attention and improve search engine optimization.
This process maximizes the visibility of ads on search engines and in app stores. By centralizing and automating these tasks, game publishers can significantly reduce costs and redirect substantial portions of their budgets to game development.
Legal issues related to AI in marketing
The use of AI in marketing campaigns raises important legal questions, particularly with regard to intellectual property. AI-generated content, such as text, images, or videos, poses problems in terms of its legal status.
While the majority of court decisions do not currently recognize AI-generated content as works of art, the issue of managing the rights to content reworked by teams using these tools requires a precise contractual framework. Otherwise, studios run a serious risk of complex and costly litigation.
AI marketing, video games & personal data
The processing of player data collected by AI as part of marketing campaigns to personalize advertisements and predict behavior raises the thorny issue of GDPR and data protection compliance.
AI automation of data collection and analysis tools can be considered for campaign forecasting, automated testing, and measurement of key performance indicators (capture rate, click-through rate). However, this indirectly involves the collection and processing of massive amounts of user data, some of which will be legally classified as personal data and subject to applicable regulations.
When dealing with international audiences, the issue of personal data processing becomes more complex, particularly in countries subject to legislation that differs from that of the European Union. The North American and Chinese markets require particular vigilance in this area.
Failure to comply with these rules could result in significant financial penalties and considerable damage to the image of user players. Studios will need to put robust frameworks in place to ensure that data is collected and processed in an ethical manner and in accordance with applicable laws.
