Portals, dba's, and copyrights

[rick99gtp]

Greetings! I have forever been a forum troll and this is my coming out party. Join me, would you? ;)

I'm 33 years old, have a full-time job, married with 2 wonderful children. I have dabbled in game creation here and there, never really getting too serious about it until recently.

I have read every post on indiegamer I could find regarding starting up, what to do and how to go about doing it. However, I'd like to know what legal steps are necessary before creating a game and pushing it towards a Game Portal.

I have 'heard' suggestions of getting a business license (dba - Doing business as). But, beyond that, I haven't the slightest idea where to begin? Copyrighting? Do I even need to bother with Trademarking?

If I have missed a post with this kind of information, please direct me there. Otherwise, any valuable information you have that you feel would be beneficial to me, I'd very much appreciate it.

Thank you!

[Sirrus]

Short answer...

You don't technically need anything to start game development. A DBA is suggested, at least when you start selling your games.

90% of developers do not deal with trademarks or copyrights either.

So for now, Welcome! Start developing!

[rick99gtp]

Hello Sirrus! Thanks for your quick reply.

90% of developers do not deal with trademarks or copyrights either.

Why is that? And, would it be safe to say that I could essentially obtain a DBA, then when finished with my game, to start discussions with the various portals?

[Sirrus]

Hello Sirrus! Thanks for your quick reply.



Why is that? And, would it be safe to say that I could essentially obtain a DBA, then when finished with my game, to start discussions with the various portals?

A DBA isn't technically a business liscense in the traditional sense. Its simply an acknowledgement of alias use in connection with your real name - ie Doing Business As. It cost generally $25 - 50 and can be filed at your town hall. In short, it basically says "Game Developer X is actually just Rick, but he goes by this alias."
You can then use this to open up a business bank account and/or credit.

I know of people who don't bother with this setup, but it does legitimize you somewhat (not near an LLC or Inc). Technically, a portal will not request proof of this and your contract will just be run as a sole proprietor. I'd finish your game, then go fill the DBA, then approach portals. It takes no time at all, so don't worry about it.
The DBA that is...not portal negociations ;)

[rick99gtp]

Great info. Thank you so much!

[LilGames]

Your bank might require the DBA (or business name registration) if you intend to cash checks made out to your business name rather than personal name.

[Sirrus]

Your bank might require the DBA (or business name registration) if you intend to cash checks made out to your business name rather than personal name.

Correct...
But you can specify to the portal to make checks out in your name as well.

[soniCron]

First, this information should not be construed as legal advice. Talk to a lawyer for the full story.

Regarding copyrights and trademarks: Everything you create is automatically copyrighted and you should just add (TM) after everything you want to claim as trademarked. You've got to enforce your trademark to keep it valid, but you don't have to enforce your copyright to keep it valid.