In the world of GameDev, where every element of a game is critical to its success and recognizability, understanding intellectual property (IP) is becoming an integral part of development.
What is intellectual property in GameDev
IP in GameDev includes the following:
- copyright;
- trademarks;
- trade secrets;
- patents (in certain rare cases);
- right of publicity - relevant for some countries, e.g. USA.
The most common issues one will encounter are copyright when it comes to software and other contents, and trademarks when it comes to logos and other branding. Trademarks will also become relevant in situations where images of goods from well-known brands, such as clothing or cars, are featured in games.
A patent, in some jurisdictions, can be obtained for game mechanics. However, this is a rather expensive method of protection, so we will not dwell on it in detail.
The right of publicity is worth considering when using images of celebrities and public figures.
Trade secrets can include marketing plans, lists of key clients or partners and other information which has commercial value because is not known to third parties. It is important for this information not to be publicly available and for you to take measures to protect it. At a minimum, you shouldn't open access to a Google-sheet via a link.
Why to pay attention
Why it is well worth to pay special attention to intellectual property? The fact is that almost all the components of the game are covered by one or more concepts of intellectual property laws.
Copyright and sometimes Right of publicity
Customers, promotion strategy
Universes (e.g. Marvel universe)
Most game components are protected by copyright. You need to understand that copyright originally arises from the creator of the work (code, art, music, etc.). Сopyright more often than not does not automatically transfers from its creator to the customer.
Ideally, you should think about IP before you create it. But we don't live in an ideal world. You should deal with IP issues at least before the release of the game. Remember, it's better to have at least some kind of contract in writing than don’t have one at all.
Logo and name of the game is better to register before the release. Before the development of the logo or title of the game you should at least google to check if something similar already exists.
Authors:
Yauheni Khodzkin
Partner and COO – IT Launchpad