legal check list for game developers
DESCRIPTION
This handout is meant to provide basic legal considerations for indie video game companies. It should not be considered legal advice.TRANSCRIPT
Legal services for technology-based companies
_____________________________________________________________________________________ Ascentage Law, PLLC One Broadway, 14th Floor, Kendall Square, Cambridge, MA 02142 USA
TEL: +1.617.475.1603 www.ascentagelaw.com FAX: +1.617.401.3706
LEGAL CHECK LIST FOR INDIE GAME DEVELOPERS
- Business entity
o LLC or similar to protect against personal liability
o Operating agreement if more than just one developer in LLC
- Trademarks
o Identify key trademarks for game title(s) and business name
o File registration applications with USPTO
- Copyrights
o Identify key copyrights
o File registration applications with USPTO
- Patents
o Identify key technology
o File registration applications with USPTO
- Licensing & Agreements
o Review outstanding licenses & agreements
o Develop tracking system for previous & future licenses & agreements
o Determine assignability for future sales, transfers, etc.
INTELLECTUAL PROPERTY BASICS
- Licensing
o What are potential issues?
Third party licensing
End user license agreements (“EULA”)
Open source licensing
- Copyrights
o What can be protected?
Audiovisual – visual and aural display of the game, character(s)
Literary works – the code
o What are potential ancillary issues?
Copyright ownership
Works made for hire – independent contractor owns the copyright
o Also might come into play when users are encouraged to modify existing
content
Employee – company owns copyright
o But, was work done before you formally created your business entity?
o How do you protect?
Common law – put pen to paper and you get certain rights
Register with US Copyright Office – $35 fee per registration + sample of work
o What should you do regardless?
Put “Copyright (or ©) [first year of publication], [owner]” next to any copyrightable content
Legal services for technology-based companies
The information above is for informational purposes only and should not be considered legal advice.
Because each individual’s situation is unique, please consult an attorney.
_____________________________________________________________________________________ Ascentage Law, PLLC One Broadway, 14th Floor, Kendall Square, Cambridge, MA 02142 USA
TEL: +1.617.475.1603 www.ascentagelaw.com FAX: +1.617.401.3706
- Trademarks
o What can be protected?
Game title(s) & logo(s)
Name & logo of company
Certain items in the game – creative tools, characters, product packaging
o What are potential ancillary issues?
Using others’ trademarks in your game without their permission (i.e. product placement)
o How do you protect?
Common law
Use mark in commerce
Only get limited geographic protection
Register with US
Use the mark in commerce on specific goods/services + USPTO fee ~$300 per class
o May also file intent to use application if plan to use in next 3 years
o What should you do regardless?
Put “TM” next to any game title, business name, main character name, etc.
DO NOT PUT ® unless you have registered, can lead to fines
- Trade secrets
o What can be protected?
Software source code
Customer data
Future product plans & designs
o How do you protect?
Develop written trade secret policy & keep processes/methods secret amongst employees
Strong EULA
- Patents
o What can be protected?
Utility patents
Processes – methods of interaction between user and game – think Guitar Hero
o Example –
http://www.gamasutra.com/view/feature/2315/its_just_a_game_right_top_.php
Manufacture – software, but not necessarily data structures and computer programs
Machines
Design patents – characters
o How do you protect?
Utility patents – useful, novel, and non-obviousness – must have not been more than
a year since revealed
Design patents – ornamental appearance