ROM Legality & Game Preservation - Are ROMs Legal? Emulation Laws Explained

Video game preservation is essential for maintaining gaming history. But the legal landscape around ROMs and emulation is complex. This guide explains what you need to know.

Why Preservation Matters

Unlike books or films, video games require specific hardware to experience. As consoles age and fail, games become inaccessible. Without preservation efforts:

• Games tied to defunct online services disappear forever
• Physical media degrades over time
• Rare games become prohibitively expensive
• Gaming history is lost for future generations

What is a ROM?

A ROM (Read-Only Memory) file is a digital copy of a game cartridge's data. When extracted from original hardware, this process is called "dumping." ROMs allow games to be played on emulators—software that simulates console hardware.

The Legal Reality

Emulators: Generally Legal

Emulators themselves are legal. The 1999 Sony vs. Connectix case established that creating emulators through clean-room reverse engineering is protected. You can legally download and use emulator software.

ROMs: More Complicated

Downloading ROMs of games you don't own is copyright infringement in most jurisdictions. Common myths debunked:

• "24-hour rule": This is a myth. There's no legal provision allowing temporary downloads.
• "I own the cartridge": Downloading ROMs is still infringement. You may legally create your own backup.
• "Abandonware": This isn't a legal category. Copyright doesn't expire when a game goes out of print.

Legal Ways to Play Retro Games

Official Rereleases

• Nintendo Switch Online: NES, SNES, N64, Game Boy libraries
• Virtual Console: Wii, Wii U, 3DS digital stores
• Compilations: Mega Man Legacy Collection, Castlevania Collection, etc.
• Mini Consoles: NES/SNES Classic Edition, Genesis Mini

Original Hardware

Buying original cartridges and consoles is always legal. The secondary market supports game preservation by keeping hardware in use.

Flash Carts with Personal Backups

Devices like the Everdrive let you play ROMs on original hardware. If you dump your own cartridges, this is generally considered legal for personal use.

Preservation Organizations

• Video Game History Foundation: Advocates for preservation access
• The Strong National Museum of Play: Archives gaming history
• No-Intro & Redump: Verify accurate ROM dumps
• Internet Archive: Hosts some legally gray but historically important collections

The Ethical Perspective

Many argue that preserving games—especially those no longer sold—is ethically justified even if legally questionable. Games that exist only in archives would otherwise be lost. However, respecting creators' rights and supporting official releases when available helps ensure new games continue to be made.

Our Recommendation

Support official releases when possible. Buy original games and hardware. If you create personal backups, keep them for personal use only. Advocate for better preservation laws and library exemptions for video games.