How to Tell if a Game is Copyrighted: A Comprehensive Guide
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Determining whether a game is copyrighted is not always straightforward, but understanding the basics of copyright law and knowing where to look can help you navigate this complex area. The truth is, most original games are automatically protected by copyright from the moment they are created. However, the extent of that protection and the specific elements covered are crucial factors. Let’s dive into the details.
Copyright Basics and Game Development
Copyright law protects original works of authorship that are fixed in a tangible medium of expression. For video games, this can include source code, artwork, music, story elements, and even the way these elements are combined. The moment a game developer puts pen to paper (or code to computer!), the copyright protection kicks in. But here’s the catch: ideas themselves are not copyrightable. You can’t copyright the idea of a puzzle game or a strategy game. The specific expression of those ideas, however, can be.
Automatic Copyright vs. Registration
Technically, copyright protection is automatic upon creation. However, registering your copyright with the United States Copyright Office (or its equivalent in other countries) offers significant legal advantages. Registration creates a public record of your copyright claim and allows you to sue for infringement in federal court. It also allows you to claim statutory damages and attorney’s fees if you win an infringement lawsuit. While you don’t have to register, it’s highly recommended, especially if you plan to commercially exploit your game.
The Importance of Due Diligence
Even if you believe you’re creating something entirely original, it’s prudent to conduct thorough research to ensure you’re not inadvertently infringing on someone else’s copyright. Ignorance of the law is no excuse, and being sued for copyright infringement can be a costly and time-consuming ordeal. This is especially important for aspiring game developers and those involved with the Games Learning Society as it is important to learn ethical game creation.
Checking for Copyrighted Elements
Here are the steps you can take to determine if a game or elements within a game are copyrighted:
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Assume Copyright Protection: As a general rule, assume that any game you encounter is protected by copyright unless you have clear evidence to the contrary.
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Check for Copyright Notices: Look for copyright notices within the game itself (often in the title screen, credits, or “About” section) or on the game’s packaging. These notices typically include the copyright symbol (©), the year of first publication, and the name of the copyright owner (e.g., © 2023 Acme Games).
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Search the U.S. Copyright Office Records: The U.S. Copyright Office maintains a searchable database of registered copyrights. You can access this database online at copyright.gov. Be prepared to use various search terms, including the game title, developer name, and keywords related to the game’s content.
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Trademark Search (USPTO): While copyright protects creative works, trademarks protect brand names and logos. If you’re concerned about using a similar game title or character name, conduct a trademark search at the U.S. Patent and Trademark Office (USPTO) using their TESS search system.
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Online Research: Use search engines to look for information about the game’s copyright status. You might find articles, forum discussions, or legal notices that shed light on the issue.
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Contact the Developer/Publisher: If you’re unsure about the copyright status of a game or specific elements within it, the best approach is often to contact the game developer or publisher directly. They can provide you with definitive information about their copyright claims.
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Consult with an Attorney: For complex cases, it may be necessary to consult with an attorney who specializes in copyright law. They can provide you with expert legal advice and help you assess the risks involved.
FAQs: Game Copyright & Legal Issues
Here are some frequently asked questions about copyright in the context of video games, providing additional insights and clarification:
1. Is my game automatically copyrighted?
Yes, your game is automatically protected by copyright the moment it is created and fixed in a tangible form (e.g., saved as a computer file, written down in code). However, registering your copyright with the United States Copyright Office is strongly recommended for legal protection.
2. Can you get sued for making a similar game?
Absolutely. Anyone can sue you for copyright infringement at any time, even if you haven’t intentionally copied anything. You will then have to spend money defending yourself. Be cautious when developing a game that is similar to a product from any known litigious company.
3. What two things can you NOT copyright in a video game?
Copyright does not protect the idea for a game, its name or title, or the method or methods for playing it. Nor does copyright protect any idea, system, method, device, or trademark material involved in developing, merchandising, or playing a game.
4. Is it illegal to recreate a video game?
Game mechanics cannot be protected by copyright, trademark, or patent. You can freely copy the mechanics of any game you want, as the basis of a new game. However, recreating assets like characters, music, or story exactly would be an infringement.
5. How do I legally use a copyrighted video?
First, reach out to the copyright owners or rightsholders directly and negotiate the appropriate licenses for your use. Then, check the license to see the explicit permission for using the content, which often include limitations for how the content is used.
6. How much does it cost to copyright a game?
Filing fees: The cost of filing a copyright application with the U.S. Copyright Office varies depending on the type of work being registered and the method of registration. For games, the fee for electronic registration is $65 per work.
7. What can you do if you are not sure if something is copyrighted?
If you know who the copyright owner is, you may contact the owner directly. If you are not certain about the ownership or have other related questions, you may wish to request that the Copyright Office conduct a search of its records or you may search yourself.
8. Who owns a copyright?
Copyrights are generally owned by the people who create the works of expression, with some important exceptions: If a work is created by an employee in the course of his or her employment, the employer owns the copyright.
9. Does copyright protect my ideas?
Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.
10. Does editing a video remove copyright?
Sometimes, editing copyrighted content enough to make it unrecognisable can help avoid copyright infringement. But this is a risky strategy because there’s no definitive rule on how much you need to change a work to avoid issues.
11. How many seconds of video do you need to avoid copyright?
Your video is at risk of a copyright claim even if you include just a few short seconds of it in your content (and you do not have permission to use it). There is no time limit or minimum for a copyright claim on YouTube.
12. Are TikTok videos copyrighted?
TikTok users are subject to copyright law just like any YouTube or Instagram creator. The difference is that this platform is relatively new, so it can be easier to fly under the radar. But that’s a huge risk! Your hard work could be muted or taken down altogether.
13. How long do game copyrights last?
Similar to other kinds of copyrights, the duration of a video game copyright is the life of the author plus 70 years after his death.
14. Is it illegal to play fan made games?
Some companies shut down fangames as copyright infringements. Original copyright holders can order a cease and desist upon fangame projects, as by definition fangames are unauthorized uses of copyrighted property. Many fangames go as far as taking music and graphics directly from the original games.
15. Is it illegal to copy a Roblox game?
As long as you’re not directly taking private assets or directly copying the game you’re trying to re-make, you should be fine.
Copyright law is nuanced and fact-specific. Therefore, engaging with the Games Learning Society and similar educational resources can prove invaluable for developers. Always prioritize originality and, when in doubt, seek legal counsel to protect yourself from potential copyright infringement claims.