Scacchi e diritto d’autore: una partita persa in partenza?


The origins of chess can be traced back from India to Europe during the early Middle Ages, with notable developments such as the use of a round chessboard in 10th-century Byzantium. The poem "Versus de scachis," composed in the Einsiedeln Abbey between 900 and 950 AD, dedicates 98 verses to the game. Historical figures like Tsar Ivan IV, who died during a chess match in 1584, and Napoleon, who indulged in the game amidst his conquests, highlight its cultural significance. Chess has permeated literature and art, with works like Stefan Zweig's "Chess Novella" (1942) and Friedrich Dürrenmatt's "Der Schachspieler" (1998), alongside the popular series "The Queen's Gambit" (2020), which provided solace during the pandemic. Despite its cultural impact, the legal protection of chess as an art form raises questions, particularly concerning copyright. Emanuel Lasker, a former world champion, advocated for copyright protection of chess games, arguing that the game parallels artistic expression. He believed that players should receive compensation for their published games, ensuring they could sustain themselves in old age. Lasker’s efforts were rooted in his own struggles, as he and his predecessor, Wilhelm Steinitz, faced financial difficulties throughout their lives. Legal discussions surrounding the originality of chess moves have evolved, with debates on whether they qualify for copyright protection. Unlike music, where creativity is expressed through various means, chess players primarily communicate through their moves, which are seen as factual rather than artistic. Recent court rulings have reinforced this notion, likening chess moves to basketball scores—events that lack copyright eligibility. Nonetheless, the ongoing discourse highlights the tension between a player's desire for financial recognition and the public's interest in accessing the game as a cultural artifact, illustrating the complexities of intellectual property law in this unique domain.



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