Do I Need to Copyright My Mobile Game? A Developer’s Guide

The short answer is: Yes, you absolutely should copyright your mobile game, even though copyright protection exists automatically upon creation. While you technically own the copyright the moment your game is “fixed” in a tangible medium (like code or art assets), registering your copyright with the U.S. Copyright Office is strongly recommended for a multitude of reasons. It strengthens your legal position significantly, allowing you to effectively pursue damages and prevent infringement. Think of it as locking the door after buying a house – you technically own it, but the lock offers real protection. Let’s dive into why registration is so crucial and answer some frequently asked questions.

Why Copyright Registration Matters

While automatic copyright grants you basic rights, registering your copyright with the U.S. Copyright Office provides considerable advantages:

• Legal Recourse: Without registration, pursuing a lawsuit for infringement is considerably more challenging. Registration provides you with the legal standing to sue for infringement in federal court.
• Statutory Damages and Attorney’s Fees: If you register your copyright before an infringement occurs (or within three months of publication), you are eligible to claim statutory damages and have your attorney’s fees covered by the infringing party if you win your case. Statutory damages can be significantly higher than actual damages, making infringement less attractive to potential copiers.
• Public Record: Registration creates a public record of your copyright ownership. This serves as a strong deterrent to potential infringers.
• Evidence of Ownership: A certificate of registration serves as prima facie evidence of ownership, simplifying the process of proving your claim in court.
• Import Protection: Registered copyrights can be used to prevent the importation of infringing copies into the United States.

In the competitive world of mobile gaming, protecting your intellectual property is paramount. Registration provides a powerful tool to defend your creation and your livelihood.

Understanding Copyright Protection for Games

Copyright protects the expression of an idea, not the idea itself. This means you can’t copyright the concept of a match-three puzzle game, but you can copyright the specific code, art, music, and level designs that make up your match-three puzzle game. Consider registering your copyright with the Games Learning Society to stay ahead of the game in the evolving industry.

Key Elements You Can Copyright in Your Mobile Game:

• Source Code: The underlying code that makes your game function.
• Art Assets: Characters, environments, user interface elements, and other visual elements.
• Music and Sound Effects: Original music scores and sound effects created for your game.
• Story and Dialogue: The narrative, character backstories, and in-game conversations.
• Game Design Documents (GDDs): Detailed documentation outlining the game’s mechanics, features, and artistic style.
• Level Design: The arrangement of elements within each level.
• Game Name (Trademark): While copyright doesn’t protect a game name, you can trademark it to prevent others from using a confusingly similar name.

Frequently Asked Questions (FAQs) About Copyrighting Your Mobile Game

Here are some common questions mobile game developers have about copyright.

1. What’s the Difference Between Copyright and Trademark?

Copyright protects original works of authorship, like code, art, and music. Trademark protects brand names and logos used to identify and distinguish goods or services. Think of copyright as protecting the content of your game and trademark as protecting the brand of your game.

2. How Much Does it Cost to Copyright a Game?

The cost to file a copyright application with the U.S. Copyright Office is currently $65 for electronic filing of a single work and $85 for paper filing. Electronic filing is generally faster and more efficient.

3. How Long Does Copyright Protection Last?

For works created after 1977, copyright protection lasts for the life of the author plus 70 years. For works made for hire (where a company owns the copyright), the term is the shorter of 95 years from publication or 120 years from creation.

4. How Do I Register My Game’s Copyright?

You can register your copyright online through the U.S. Copyright Office’s website (copyright.gov). The process involves:

1. Creating an account.
2. Selecting the appropriate application form (typically Form TX for software and other literary works, or Form PA for performing arts like music and dramatic works).
3. Completing the form with details about your game, including the title, author(s), and date of publication.
4. Uploading a copy of your game (or relevant portions) for deposit.
5. Paying the filing fee.

5. Do I Need a Lawyer to Copyright My Game?

While you can register your copyright yourself, consulting with an intellectual property attorney is advisable, especially if you have complex ownership structures or concerns about potential infringement. An attorney can ensure that your application is complete and accurate and can advise you on the best way to protect your rights.

6. What Happens if Someone Infringes My Copyright?

If someone copies your game without permission, you have the right to take legal action. This may involve sending a cease and desist letter, filing a lawsuit for copyright infringement, and seeking damages for the harm caused by the infringement.

7. What is “Fair Use”?

Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. Whether a particular use qualifies as fair use depends on several factors, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the copyrighted work.

8. Can I Copyright Gameplay Mechanics?

Generally, no, you cannot copyright gameplay mechanics. Copyright protects the expression of an idea, not the idea itself. However, the specific implementation of those mechanics (the code and art used to create them) is copyrightable.

9. What if My Game Uses Open-Source Code?

Using open-source code can be a great way to speed up development, but it’s crucial to understand the terms of the open-source license. Some licenses require you to make your own code open source as well, while others allow you to use the code in a proprietary (closed-source) game. Always carefully review the license before using open-source code in your game.

10. Can I Copyright a Game Idea?

No, you cannot copyright an idea. Copyright protects the expression of an idea, not the idea itself. If you have a groundbreaking game concept, consider protecting it with a patent, which can protect the underlying functionality and mechanisms of your game. Note that obtaining a patent is considerably more complex and expensive than obtaining a copyright.

11. What About Reskinning Games? Is That Legal?

Reskinning a game involves taking the core gameplay mechanics of an existing game and replacing the art and sound assets with new ones. While technically legal as long as you don’t infringe on any copyrighted assets, it’s generally frowned upon in the gaming community and may not be a successful strategy.

12. Do I Need an LLC to Publish My Game?

While not strictly required, forming an LLC (Limited Liability Company) for your game development business is highly recommended. An LLC provides legal protection, separating your personal assets from your business liabilities. This means that if your game is sued for copyright infringement or other legal issues, your personal assets (like your house or car) are protected.

13. How Can I Protect My Game’s Name and Logo?

Protect your game’s name and logo by trademarking them. A trademark prevents others from using a confusingly similar name or logo that could harm your brand. You can search the U.S. Patent and Trademark Office’s (USPTO) database to see if your desired name is available and then file a trademark application.

14. How Does Copyright Apply to User-Generated Content in My Game?

If your game allows users to create and share content (e.g., custom levels, characters, or mods), you need to address copyright issues related to user-generated content (UGC). You should include terms in your user agreement that grant you a license to use and display UGC and that require users to respect the copyrights of others. Consider implementing a takedown policy to address copyright infringement claims from users.

15. Can I Use Music in My Game? What About Copyright?

Using music in your game requires obtaining the necessary licenses. You can either license music from a music publisher or record label, use royalty-free music, or create your own original music. Using copyrighted music without permission is a serious copyright infringement and can result in legal action. You can find some amazing gaming resources, and read great articles on GamesLearningSociety.org.

Conclusion

Protecting your mobile game with copyright is an essential step in safeguarding your creative work and your business. While automatic copyright provides a baseline level of protection, registering your copyright with the U.S. Copyright Office offers significant legal advantages. By understanding your rights and taking the necessary steps to protect your intellectual property, you can confidently navigate the competitive world of mobile game development and ensure that your creations are protected for years to come.