Video game preservation advocates have faced a setback in their efforts to obtain permission to remotely study vintage video games stored in U.S. libraries, following a recent decision by the U.S. Copyright Office.
While enthusiasts in other fields are permitted to access rare films or vintage manuscripts remotely under certain conditions, fans and researchers dedicated to gaming history may now have to go through hours of travel each time they wish to view these materials in person.
This decision comes after three years of campaigning by two non-profits, the Video Game History Foundation and the Software Preservation Network (SPN), which have been urging the U.S. Copyright Office to grant an exemption specifically for older video games.
The Foundation’s proposal aimed to allow researchers remote access to emulated versions of selected games, similar to the way libraries sometimes offer e-book access from home.
In response to the decision, the Foundation issued a statement attributing the loss to “lobbying efforts by rightsholder groups,” such as the Entertainment Software Association (ESA).
The ESA, which represents many of the largest video game publishers, has been instrumental in countering the proposed exemption.
The statement read: “During our hearing with the Copyright Office, the Entertainment Software Association (ESA) declared that they would never support remote game access for research purposes under any conditions.”
“The game industry’s absolutist position—which the ESA’s own members have declined to go on the record to support—forces researchers to look through extra-legal methods to access the vast majority of out-of-print video games that are otherwise unavailable.”
This decision comes as video game preservationists increasingly take on a crucial role in maintaining the cultural legacy of video games.
According to the Video Game History Foundation, 87% of games released before 2010 are “critically endangered” in the U.S., meaning that they are no longer readily accessible in their original physical or digital formats.
Some platforms have managed to preserve more of their catalogs, but even iconic systems like the Commodore 64, one of the earliest popular home computers, have struggled. Only around 4.5% of its games library is still in print.
Similarly, despite its popularity, the Gameboy has also faced significant losses in its catalog, with just 5.87% of its titles remaining officially accessible.
Currently, only about 13% of classic games are easily available to play, which forces many enthusiasts to rely on complex emulators or maintain costly vintage equipment to experience these titles.
However, the Entertainment Software Association (ESA) presented multiple arguments against loosening restrictions on vintage gaming libraries.
In its legal arguments, the ESA expressed concerns that remote access to vintage games would involve less librarian oversight than in-person access, potentially opening up new avenues for piracy.
