ESA Continues to Block Video Game Preservation Efforts

The Entertainment Software Association remains opposed to copyright exceptions that would allow libraries to preserve old video games, citing concerns over unauthorized access.

ESA lawyer Steve Englund reiterated the association's stance against copyright exceptions for video game preservation at a recent U.S. Copyright Office hearing.
Video game preservationists argue that such exceptions would enable educational and scholarly access without impacting the commercial market for retro games.
Public libraries and academic institutions face significant challenges in preserving video games due to lack of support and resources, with fewer than 10 actively maintaining digital collections.
The Video Game History Foundation's study reveals that 87% of video games released in the U.S. before 2010 are not preserved in any meaningful way.
Critics, including technology lawyer Kendra Albert, accuse the ESA of not making a good faith effort to collaborate on solutions that balance copyright concerns with academic and historical preservation needs.