Why aren’t games copyrighted?
Games aren’t copyrighted in the sense that gameplay mechanics and ideas aren’t protected by copyright law, but rather by patent law if they are novel and non-obvious, and trademark law protects game names and logos. The Copyright Act of 1976 codified the idea-expression distinction, which states that copyright cannot be used to protect ideas, but only the expression of those ideas, such as a game’s artwork, audio, story, and code.
Introduction to Game Copyrights
The world of gaming is a complex and fascinating one, with game developers and publishers constantly pushing the boundaries of what is possible. However, when it comes to copyright law, games aren’t always protected.
What Parts of Games are Protected?
While gameplay mechanics and ideas aren’t protected by copyright law, other elements of a game are. These include artwork, audio, story, and code, which are all considered creative works that are eligible for copyright protection.
Patents and Trademarks
Patent law can be used to protect novel and non-obvious game mechanics, while trademark law protects game names and logos. This means that while a game’s idea or mechanics can’t be copyrighted, they can still be protected in other ways.
Frequently Asked Questions
Q1: Why are video games not copyrighted?
Video games are not copyrighted in the sense that gameplay mechanics and ideas aren’t protected by copyright law. However, other elements of a game, such as artwork, audio, story, and code, are protected.
Q2: Can you copyright a game?
Yes, you can copyright the artistic aspects of a game, such as a game board, game packaging, and playing cards. However, game names and gameplay are not eligible for copyright protection.
Q3: Are games automatically copyrighted?
While copyright automatically exists as soon as a game is created and the elements are fixed, registering your copyright with the United States Copyright Office is strongly recommended.
Q4: Is gameplay copyright free?
Gameplay is not considered a creative work that is eligible for copyright protection. However, game developers may still be able to protect their game mechanics using patent law.
Q5: Why is gaming just not fun anymore?
This is a subjective question, and the answer will vary from person to person. However, some possible reasons why gaming may not be as fun as it used to be include the rise of microtransactions, online toxicity, and repetitive gameplay.
Q6: Is it OK to upload gameplay to YouTube?
Without the appropriate license from the publisher, use of video game or software user interface must be minimal. Video game content may be monetized if the associated step-by-step commentary is strictly tied to the live action being shown and provides instructional or educational value.
Q7: Are old games copyrighted?
Yes, video game copyright works just like any other, so the lifetime of the person who created it plus 70 years, or 95 years after publication if not owned by a person.
Q8: Can I copyright my Roblox game?
Yes, any original game created by a user on Roblox is automatically protected by copyright law.
Q9: Can I make a game similar to another game?
Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles. Copyright protects only the particular manner of an author’s expression in literary, artistic, or musical form.
Q10: What parts of games are copyrighted?
Video games are considered protected by copyright in their parts. The computer code or other fixed medium is considered copyrightable, and the game’s presentation can be copyrighted as a literary work or dramatic work, while elements like character design, art, and sound and music can also be copyrighted.
Q11: Can I patent my game?
Yes, creators are now capable of patenting a variety of video game components, such as the methods and processes performed by a game. Design patents protect the decorative designs associated with a game.
Q12: 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.
Q13: What happens if you copyright a game?
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.
Q14: 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, while the fee for paper registration is $85 per work.
Q15: Is it legal to stream a game?
While the legislation will not criminalize the practice of streaming videogame play online, it does highlight the tension between businesses who create video games and individuals who use those games on streaming platforms to earn revenue, often without the consent of the copyright owner.