legal check list for game developers

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Legal services for technology-based companies _____________________________________________________________________________________ Ascentage Law, PLLC One Broadway, 14 th 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

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This handout is meant to provide basic legal considerations for indie video game companies. It should not be considered legal advice.

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Page 1: Legal check list for game developers

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

Page 2: Legal check list for game developers

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