Are emulators legal? What retro gamers should know

💡 Need to know

• Emulators themselves are usually legal—downloading copyrighted ROMs isn’t.
• Owning the physical game doesn’t automatically make downloads legal.
• Laws vary by country—Japan is far stricter than the U.S.
• The safest route? Use licensed re-releases or public-domain games.

Retro gaming is a booming hobby, fueled by a powerful sense of nostalgia for childhood and simpler times. Iconic games bring players back to once-familiar worlds and characters, and even provide a chance to connect with younger generations over a shared interest. Unfortunately, as time passes, older pieces of hardware become inaccessible, and games become more difficult to find. This is where emulators fit into the equation.

What are emulators, and how do they work?

An emulator is a piece of hardware or software that allows a computer to temporarily function like a video game console. This makes it possible to play games that would otherwise not run on that computer. Gamers commonly use emulators to access games that existed on outdated systems and as a means of convenient retro game preservation. This is particularly prevalent with beloved gaming consoles from the '80s and '90s, including the Nintendo 64®, the Sega Master System®, the PlayStation®, and the Super Nintendo Entertainment System®. But is creating these backdoor access points allowed? It's not as simple as asking, "Are emulators legal?" Emulator legality varies between countries and companies. For example, Nintendo emulator rules state that emulation itself is permitted, but not unauthorized copying of games.

Emulator software versus game ROMs

The literal meaning of "ROM" is read-only memory, but for our purposes, it refers to a digital copy of a video game that is stored in a specific format. ROM legality is cut and dry: Downloading copyrighted ROMs is illegal. According to gaming copyright laws, just as downloading a movie or album without purchase is illegal, so is downloading a copy of a video game.

The relationship between emulators and ROMs is this: Emulators mimic a game console, and ROMs are digital copies of games that can be run on that console. Because of this relationship, the regulations between copyright and emulators become complicated. In some cases, ROMs that are personal game backups that are never shared may be allowed, depending on the country’s laws. Typically, in the U.S., if you own a physical copy of the game, you may create a ROM for your personal use. If you're caught downloading copyrighted material, you may face civil charges. Japan, on the other hand, is very strict, with risks of jail time and criminal charges associated with ROM downloads. So, are game backups legal? Sometimes, but check your local regulations to be sure.

What’s legal and what isn’t with emulators

Despite these factors, legal retro gaming is possible. Using games that you already own and creating personal backups (where allowed) may be simple ways to stay on the right side of the emulation versus piracy equation. Additionally, clean room emulator development is a method for legal emulation without infringing on copyright law. In clean room development, a team works to analyze the original game and build out detailed specifications without accessing the original source code. Then, a second team, with no prior knowledge of the original game, builds the emulator from scratch using the specifications provided by the first team. This is largely an accepted method for creating safe game emulators. On the other hand, retro gaming laws generally forbid downloading ROMs you don’t own, sharing ROM files, and using BIOS (the system that boots up your computer) data that was not taken from your own device.

How to use emulators safely and responsibly

With all these concerns about emulation ethics, how can you find reputable emulator software safely and securely? Be wary of risky download sites, as they have the potential to infect your computer with malware. Stick to authorized emulations of existing games, meaning the original company is involved in and aware of their existence and use. Seek tech help if you're struggling to add your own games to a private emulator. Recently, Apple® has started officially allowing emulators on the App Store® in an effort to prevent gamers from accidentally downloading viruses or spyware, so this is a great place to start.

FAQ

Are there legal alternatives to ROM downloads?

Are emulators legal? Yes. But ROMs generally aren't. If you're looking for legal alternatives, consider searching for licensed streaming services or try public domain and homebrew games that were specifically designed for this purpose. You can even play these games with friends by setting up a dedicated game server.

How can retro gamers stay within copyright laws?

Consider purchasing officially licensed re-releases, or stick to using legal emulators with versions of games you own the physical copy of. There are multiple sites available to teach you how to "dump" your own games into these emulators so that you can play them again. Another possibility is to watch other players streaming games that they have the rights to emulate.