Industry Practice - IP Law (17/01/25)

Copyright Protection in Gaming

What is protected? What isn't?

In games, copyright covers the stories created, the character designs, imagined environment designs, geographical locations, music, graphics and the software source code. It can protect the entire game if it's registered under the category of audio-visual or literary work. Copyright protects how the ideas are expressed and not the ideas themself. No game ideas are protected by copyright until they are fixed in an expressive medium like a code, print or saved art file. This includes concept art, 3D models and animations, visual and audio effects, music compositions and code containing creative expression.

There are a few limitations to copyright in gaming. You cannot copyright gameplay mechanics, ideas, functional elements e.g. health bars. Short phrases and titles also lack enough originality to be protected by copyright. 

What benefit is there?

The benefit to copyright protection is that it prevents other people using the creator's work without their permission. This stops people from copying the work, making the work available to the public, distributing the work, renting or lending it, and translating, arranging or adapting the work.

How is it obtained?

This can differ depending on the country you're in. For example in the US, to get your work copyrighted, you will need to register it with the US Copyright Office. In the UK, no application is needed. In the UK, the copyright for literary, dramatic, musical or artistic works, the copyright typically goes to the creator(s). If the individual contributions are distinct or separate, each person would own the copyright for the part they created.

How long does it last?

The length of the copyright in the UK depends on the work that is copyrighted. It normally lasts for the creator's lifetime plus 70 years after their death. For sound and music recordings, it last 70 years from when it's first published. 

What is an example of infringement of Copyright?

- Pokemon + Palworld?

- Lawsuit 1982, Donkey kong + Ding Kong between someone and Nintendo

Trademarks

Can you Trademark any assets, do you wany to? Why is it important/ unimportant? 

Is your game IP original

Research to ensure your not in breech of any IP rights

• Discussed copyrighting Studio Logo and game logo once it's made
• Trademarks last for 10 years and can be renewed
• Can trade mark words, sounds, logos, colours, a combination of any of these
• CANNOT be offensive, be misleading, be too common, use national flags, use official emblems or hallmarks like the coat of arms.
• Costs at least £170 but can cost more depending on ur circumstances e.g. how many goods or services you want ur brand protected in.
• Application process - Send application online or by post to the Intellectual Property Office (IPO). IPO will check it's not the same or similar to existing trademarks. It will publish details of the application in the journal in case anyone wants to oppose it. IPO will let you know of any issues that need resolving. If no issues arise, it takes around 3 - 4 months from application for the trade mark to be granted
• This only protects the trademark in the UK + Isle of man. There are different processes for registering trade marks abroad.

Reference list

Anon, n.d. Register a trade mark [Online]. GOV.UK. Available at: https://www.gov.uk/how-to-register-a-trade-mark [Accessed January 17th 2025]

Anon, n.d. Benefits of Copyright Protection [Online]. Intellectual Property Office of Ireland. https://www.ipoi.gov.ie/en/types-of-ip/copyright1/understanding-copyright/benefits-of-copyright-protection/#:~:text=Copyright%20gives%20the%20creator%20the,arranging%20or%20adapting%20the%20work. [Accessed January 17th 2025]

Intellectual Property Office, 2024. Ownership of copyright works [Online]. GOV.UK. Available at: https://www.gov.uk/guidance/ownership-of-copyright-works [Accessed January 17th 2025]

ScoreDetect Team, 2024. Copyright Protection for Video Game Developers: Legal Basics [Online]. ScoreDetect. Available at: https://www.scoredetect.com/blog/posts/copyright-protection-for-video-game-developers-legal-basics#google_vignette [Accessed January 17th 2025]

S. Gregory Boyd, Brian Pyne, Sean F. Kane, 2018.Intellectual Property in the Game Industry. Florida: A K Peters/CRC Press.