Page:Take-Two Interactive Software, Inc v Anderson.pdf/7



1. The GTA V Works means the following works in each Relevant Version of the GTA V Executable and GTA V Library Files:


 * (a) "computer programs" within the meaning of s 10(1) of the Copyright Act, including the computer programs embodied in:


 * i. the GTA V Executable (including the GTA V Core);


 * ii. the executable GTA V Library Files; and


 * iii. the GTA V Source Code;


 * (b) "artistic works" within the meaning of s 10(1) of the Copyright Act, including the artistic works embodied in the non-executable GTA V Library Files (such as the graphics and models referred to in paragraph 3 above);


 * (c) "cinematograph films" within the meaning of s 10(1) of the Copyright Act, being the aggregates of the:


 * i. visual images embodied in the GTA V Library Files' graphics and models, that are capable of being shown as moving pictures; and


 * ii. sounds embodied in the GTA V Library Files' sound effects, being sound-tracks associated with those visual images;


 * (d) "sound recordings" within the meaning of s 10(1) of the Copyright Act, being the aggregates of the sounds embodied in the GTA V Library Files' sound effects.

The meaning of GTA V Works is affected by paragraphs 2–4 below.

2. The GTA V Executable means the GTA V executable computer file "gta5.exe" in the GTA V software which:


 * (a) consists of object code that is the result of compiling and linking corresponding source code of the GTA V computer program ("GTA V Source Code") into a machine readable format;


 * (b) is copied onto the hard disk of the computer of a player of GTA V ("Player") during installation of GTA V;


 * (c) contains instructions that are run by the Player's computer during gameplay;

Take-Two Interactive Software, Inc v Anderson [2021] FCA 1024