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View Full Version : Do you copyrighted your games legally ?


yanuart
11-09-2004, 02:37 AM
I was wondering did any you go to a legal office and copyrighted your games before you even try to sell it ?
Does doing this legally will help you in any way ?
How many of you do that ?

BongPig
11-09-2004, 03:55 AM
Its my understanding that a game developer automatically owns the copyrights to anything he/she creates. However, this doesnt stop anybody copying the game mechanics or pretty much anything else for that matter.
For that level of protection, you need a Patent which is a different ( and more expensive ) beast altogether. Its a route which we have had to reluctantly take with our current title.

Nexic
11-09-2004, 04:29 AM
You own the copyright on anything you make. However you may be called upon to prove it. In this case I would recommend making two CD copies of your game before you release it. Send one copy to yourself and another to a laweyer or trusted friend via recorded delivery. When you receive the parcel leave it sealed and keep it in a a safe place. This will then allow you to prove you wrote the game as the recorded delivery date would be before anyone else could have gotten a copy.

papillon
11-09-2004, 05:22 AM
... wow, I'm used to hearing that line repeated on boards that are mostly for a much younger audience, but not here. :)

A simple search for "poor man's copyright" should point out that this just isn't true.

BongPig
11-09-2004, 05:34 AM
Exactly right pappillon.
You would need alot more than a disk in an envelope to prove anything.

Game development is much more complex then a single document or a peice of music. Most of us have so many scripts and tools used in developing any game, that proving you wrote anything is quite simple as its impossible that another party could explain the workings of your software .... unless of course you are stupid enough to put all the materials on a single disk and mailing it to yourself! ;)

mahlzeit
11-09-2004, 07:25 AM
You would officially register copyright in case you want to be able to sue someone later for infringing on your copyrights, because that is the only way to establish proof. However, just having a registered copyright is not enough -- you will also have to prove that the suspected infringers had access to your materials before they created their own game.

Greg Squire
11-09-2004, 09:27 AM
You own the copyright on anything you make. However you may be called upon to prove it. In this case I would recommend making two CD copies of your game before you release it. Send one copy to yourself and another to a laweyer or trusted friend via recorded delivery. When you receive the parcel leave it sealed and keep it in a a safe place. This will then allow you to prove you wrote the game as the recorded delivery date would be before anyone else could have gotten a copy.

You'll find that it's not much more to do an "official" copyright registration. In the U.S. it costs just $30 and it's needed if you ever have to defend your copyright in court (well worth the money). I'm told that it should be registered as either a literary work (most common) or a performing art work.

http://www.copyright.gov/register/literary.html
http://www.copyright.gov/register/performing.html

Nexic
11-10-2004, 01:07 AM
There have been cases when that method has been used to prove copyright ownership. From what I heard buy an official copyright is far more than $30

yanuart
11-10-2004, 02:33 AM
I don't know much about the actual procedure of copyrighting but do you guys do it or not ?
from what I can judge is... errr.. not ??

Dom
11-10-2004, 04:46 AM
AFAIK (& I had a talk to our solicitor just last week about this) In Europe, & most of the rest of the world, we are signed up to the 'Berne Convention' on copyright law. Under this, the creator of the works retains copyright automatically. Proving it is another thing (hence the registering it).

Names & stuff should be TRADEMARKED, as these are dealt with seperately.

However: The United States is NOT signed up to the Berne convention, and so your works are not automatically copyrighted in the US.

I had a look at registering in the US, and I think you only can if you are a US based citizen or company. however, registering in the US provides absolutely no protection elsewhere in the world - because we all use the Berne convention of which the US is not a signatory!

So:
If you are in Europe, you automatically have copyright in most places in the world except the US.
If you are US based, you can register for US copyright, but you don't get protection anywhere else legally.

Hurrah for common sense!

mahlzeit
11-10-2004, 05:08 AM
Maybe your solicitor needs to upgrade his knowledge of international law. The United States became a party to the Berne Convention in 1989.

Dom
11-10-2004, 05:28 AM
Your quite right - I shall have words with her :)

Anyway, the most relevant bit for Berne treaty members is:

Copyright under the Berne Convention is automatic: no registration is required, nor is the inclusion of a copyright notice

Btw: Has any European company managed to register copyright in the US?
From what I read, it seems that registering basically gives you access to ($10,000?) free legal aid money to enforce your copyright as well as making it easier to defend. i can see why the money is not available to non-US citizens, but what about the rest?

yanuart
11-10-2004, 07:53 AM
The United States became a party to the Berne Convention in 1989.
and yet you don't need a high degree in law school to know this.. just try wikipedia !!! if I have a lawyer who don't know this.. I'll make "Change law firm" first thing on my needs list :D

hmm.. what about Asia ?? but since WIPO consisted of 181 countries I bet that my country is on it too.. but I'll make sure..

PoV
11-10-2004, 08:07 AM
I'm not 100% sure, but I've had a game incuded on the coverdisk of a couple magazines (with a tiny text blurb on the inside cover of the mag). Does this count legally? If so, does other press work too (reviews, previews, as long as it's in print?)?