Emulation and ROM Legality: What You Should Know.

It is easy to find game ROMs online, but is downloading and using them on a retro handheld, Raspberry Pi, computer, or other emulation device legal?

The answer depends on several factors, including how the emulator was developed, where the game files came from, the applicable software license, and the laws of your country.

This page provides general educational information and reflects my understanding of the subject. It is not legal advice. Copyright laws vary by jurisdiction, so consult a qualified attorney if you need advice concerning a specific situation.

Emulators

An emulator is software that allows one type of computer or gaming system to run software originally created for another system.

Emulators themselves are not inherently illegal in the United States. Courts have recognized that independently developed emulator technology and certain reverse-engineering activities may be lawful under particular circumstances. However, those decisions do not mean that every emulator or every method used to develop one is automatically legal.

An emulator may create copyright concerns when it contains or distributes copyrighted code taken from the original system, such as proprietary BIOS or firmware files, without authorization. Some emulators instead use independently developed replacement firmware or require users to obtain the necessary system files from hardware they legally own.

The emulator and the games used with it should therefore be considered separately.

ROMs and Game Files

A ROM is a digital copy of the software stored on a game cartridge, arcade board, disc, or another form of media. Commercial game ROMs normally contain copyrighted material.

Most classic video games remain protected by copyright. Copyright duration is complicated and depends on when and how a work was created and published. For many games created as corporate works, protection may last 95 years after publication or 120 years after creation, whichever expires first.

A game may be legally available when:

  • The copyright owner sells or provides the game for that purpose.
  • The copyright owner has released it as freeware, open-source software, or into the public domain.
  • The game is homebrew software distributed with the creator’s permission.
  • Its license expressly allows copying and redistribution.
  • The copyright has expired.

Always review the terms provided by the game’s creator or distributor.

Backing Up Games You Own

U.S. copyright law contains a limited provision allowing the owner of a lawful copy of a computer program to make an archival copy under certain conditions. However, the application of that provision to every type of video game, cartridge, disc, or digitally licensed purchase is not always straightforward.

There is also an important distinction between:

  1. Creating a backup directly from a game you legally own; and
  2. Downloading a copy that someone else created and distributed.

Owning an original cartridge, disc, arcade board, or digital purchase does not necessarily give you permission to download another person’s copy from the internet. It may also matter whether you own the software copy or merely received a limited license to use it.

Additionally, extracting a game or system firmware may involve bypassing copy protection. Circumventing technological protection measures can raise separate issues under the Digital Millennium Copyright Act, even when you own the original product.

For these reasons, the most cautious approach is to use games that are officially provided, properly licensed, in the public domain, or personally backed up from media you lawfully own using methods permitted by applicable law.

Downloading and Sharing ROMs

Downloading a copyrighted game without authorization is generally legally risky, particularly when you do not own a lawful copy of the game.

Uploading, sharing, selling, or providing unauthorized access to copyrighted ROM collections may infringe the copyright owner’s reproduction and distribution rights. This does not apply to games that are genuinely public domain, homebrew, freely distributable, or offered under a license that permits sharing.

Wagner’s TechTalk does not provide links to unauthorized ROM sites, copyrighted ROM collections, BIOS collections, or other unlicensed game downloads.

Users are responsible for obtaining and using their games, BIOS files, firmware, and other software in accordance with applicable laws and license agreements.

Summary

  • Emulator software is not inherently illegal, but it should not contain unauthorized copyrighted code.
  • Most commercial game ROMs remain copyrighted.
  • Owning a physical game does not automatically authorize downloading someone else’s copy.
  • Personally creating a backup may be permitted in limited circumstances, but licenses and copy-protection laws can affect that analysis.
  • Unauthorized distribution of copyrighted ROMs is generally unlawful.
  • Public-domain, homebrew, open-source, and properly licensed games may be legally downloaded and shared according to their terms.

Because copyright law is highly fact-specific, seek professional legal advice when addressing a particular game, system, copying method, or distribution practice.

Last reviewed: July 31, 2026