Should I Copyright My Game? A Developer’s Guide to Protection

The short answer is a resounding yes, you absolutely should take steps to protect your game! While copyright automatically exists as soon as your game is created in a tangible form (code written, art designed, music recorded), registering your copyright with the United States Copyright Office provides significant benefits. This registration strengthens your ability to enforce your rights if someone infringes upon your work. Think of it as having a shield and a sword: the shield is the automatic copyright, and the sword (registration) is what you wield in court. But copyright is only part of the protection puzzle. Let’s dive deeper.

Understanding Copyright vs. Trademark vs. Patent

Before we get further, it’s crucial to understand the different types of intellectual property (IP) protection available:

• Copyright: Protects the expression of an idea, not the idea itself. This includes the source code, artwork, music, story, and other creative elements of your game.
• Trademark: Protects brands, names, and logos used to identify and distinguish your goods or services from those of others. This is how you protect your game’s title and company logo.
• Patent: Protects inventions and discoveries. In the game world, this could potentially cover novel and non-obvious game mechanics, but patents in gaming are rare and difficult to obtain.

So, while copyright safeguards the content of your game, a trademark protects your brand. Think of copyright as protecting the painting, and trademark as protecting the artist’s signature on the painting.

Why Registering Your Copyright Matters

While automatic copyright exists, registering it offers significant advantages:

• Legal Standing: You must register your copyright before you can file a lawsuit for infringement.
• Public Record: Registration creates a public record of your ownership, deterring potential infringers.
• Statutory Damages and Attorney’s Fees: If you register your copyright before infringement occurs (or within three months of publication), you may be eligible for statutory damages (a pre-determined amount) and attorney’s fees if you win an infringement lawsuit. Without registration, you can only recover actual damages (your proven losses), which can be much harder to quantify.
• Evidence of Ownership: A copyright registration certificate is prima facie evidence of ownership, making it easier to prove your case in court.

Imagine you find a blatant clone of your game raking in profits. Without a registered copyright, your legal battle becomes significantly harder and more expensive.

What Aspects of Your Game Can Be Copyrighted?

Essentially, anything that represents original creative expression within your game can be copyrighted. This includes:

• Source Code: The underlying programming that makes the game function.
• Artwork: Characters, environments, user interface elements, and other visual assets.
• Music and Sound Effects: The audio elements that enhance the game’s atmosphere.
• Story and Dialogue: The narrative content of the game, including the script and character backstories.
• Game Engine (if self-developed): The core technology used to create the game.
• Level Design (as a compilation): The specific arrangement of elements within levels, viewed as a whole.

It’s important to remember that copyright protects the expression of these elements, not the underlying ideas. You can’t copyright the idea of a match-three puzzle game, but you can copyright the specific artwork, code, and level design that make up your particular match-three game.

The Role of Trademark in Protecting Your Game

While copyright protects the game’s content, a trademark protects your game’s name and brand. It prevents others from using a name that is confusingly similar to yours, which could steal your audience and damage your reputation.

• Trademarking your game’s title is crucial for distinguishing it from competitors.
• Consider trademarking your company logo to build brand recognition.
• Conduct a thorough trademark search before choosing a name to avoid potential conflicts.

Copyrighting a Roblox Game

Roblox presents a slightly different scenario. When you create a game on Roblox, you retain the copyright to your game. However, you also grant Roblox a license to use your game within their platform. Review the Roblox terms of service for specifics, but generally, your game is considered your IP.

Frequently Asked Questions (FAQs)

1. Is my game automatically copyrighted?

Yes, copyright protection automatically exists the moment your game is “fixed” in a tangible medium (e.g., code written, artwork created). However, registration provides significantly enhanced legal protections.

2. How much does it cost to copyright a game?

The filing fee for electronic copyright registration with the U.S. Copyright Office is currently $65 per work. Paper registration is more expensive, at $85 per work.

3. Should I copyright the name of my game?

No, you trademark the name of your game, not copyright it. Copyright protects creative works; trademarks protect brand identifiers.

4. What happens if you copyright a game?

Registering your copyright gives you the legal right to sue for infringement, potentially recover statutory damages and attorney’s fees, and creates a public record of your ownership. The US Copyright Office specifically states that “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.”

5. Do I need to copyright my mobile game?

Yes, registering your copyright provides a legal basis to pursue damages if someone copies your mobile game or parts of it without your permission. It’s a critical step in protecting your investment.

6. Do game copyrights expire?

For works created after January 1, 1978, copyright protection generally lasts for the life of the author plus 70 years. For “work-for-hire” games, the copyright lasts for 95 years from publication or 120 years from creation, whichever comes first.

7. How do I protect my game idea?

Copyright doesn’t protect ideas, only expressions. The best way to protect a game as a product is to trademark the name and copyright the code, art, and other creative elements.

8. Can I make a game similar to another game?

Yes, you can create a game with similar mechanics or themes to another game. Copyright protects the specific expression of those mechanics, not the mechanics themselves. As long as you don’t directly copy the code, art, or other copyrighted elements, you’re generally in the clear.

9. Why aren’t games copyrighted?

The underlying gameplay mechanics are not typically protected by copyright. Copyright protects the specific creative expression of those mechanics (the code, art, etc.). Ideas cannot be copyrighted, only their expression.

10. What should not be copyrighted?

Copyright does not protect names, titles, slogans, short phrases, or ideas. These elements may be protected by trademark or patent law.

11. Can copyright get you in trouble?

Willful copyright infringement can lead to civil lawsuits and even criminal penalties. However, simply having similar ideas or creating something independently similar to a copyrighted work is not infringement.

12. Does the “poor man’s copyright” work?

No, the “poor man’s copyright” (mailing a copy of your work to yourself) offers no official legal protection under United States copyright law. It doesn’t provide the same legal advantages as registering with the Copyright Office.

13. How do I copyright a new game?

To copyright a video game, register it with the United States Copyright Office. The process can be done online at copyright.gov.

14. Who owns a video game?

Typically, the developer owns the copyright to a video game. However, the publishing agreement can shift those rights to the publisher, or create shared ownership. Always carefully review your contract.

15. Where can I learn more about game development?

The Games Learning Society website provides excellent resources and community for game developers. Check out GamesLearningSociety.org for more information!

Conclusion: Protecting Your Creative Investment

Copyright registration is an essential step in protecting your game and your livelihood. While it involves a small investment, the potential returns in terms of legal protection and peace of mind are invaluable. Combine copyright with trademark protection for your game’s name, and you’ll have a solid foundation for protecting your intellectual property. Remember, knowledge is power, and understanding your rights is the first step in safeguarding your creative work.