Introduction
Copyright law is designed to protect the rights of creators by giving them exclusive control over their works for a limited period of time. Copyright protection applies to a wide range of creative works, including books, music, films, and software. In the case of video games, copyright protection typically covers the game’s code, artwork, and other forms of creative expression.
Option 1: Copyright the Game Code
One option for protecting a video game is to copyright the game code. This is the most common form of copyright protection for software-based games, as the code represents the “heart” of the game. To copyright the game code, you will need to file an application with the United States Copyright Office (USCO).
The cost of filing a copyright application for a video game depends on several factors, including the length of the code and the complexity of the game. The USCO charges a flat fee of $35 for each copyright application, which includes up to 75 pages of text and 10 drawings or photographs. However, if your game code exceeds this limit, you will need to pay an additional fee based on the number of pages in excess of 75.
It’s important to note that copyrighting a video game does not necessarily protect all aspects of the game. For example, if someone else creates their own version of the game using different artwork or game mechanics, they may be able to claim their own copyright protection for their work.
Option 2: Copyright the Artwork
Another option for protecting a video game is to copyright the artwork used in the game. This could include images, sound effects, and other forms of creative expression that are unique to the game. To copyright the artwork, you will need to file an application with the USCO.
The cost of filing a copyright application for game artwork depends on several factors, including the number of pieces of artwork included in the game and the complexity of each piece. The USCO charges a flat fee of $35 for each copyright application, which includes up to 75 pages of text and 10 drawings or photographs. However, if your artwork exceeds this limit, you will need to pay an additional fee based on the number of pages in excess of 75.
It’s important to note that copyrighting game artwork does not necessarily protect all aspects of the game. For example, if someone else creates their own version of the game using different artwork or game mechanics, they may be able to claim their own copyright protection for their work.
Option 3: Copyright the Game Design
A third option for protecting a video game is to copyright the game design. This could include elements such as the game’s storyline, characters, levels, and other gameplay mechanics. To copyright the game design, you will need to file an application with the USCO.
The cost of filing a copyright application for game design depends on several factors, including the complexity of the design and the number of pages in the application. The USCO charges a flat fee of $35 for each copyright application, which includes up to 75 pages of text and 10 drawings or photographs. However, if your game design exceeds this limit, you will need to pay an additional fee based on the number of pages in excess of 75.
It’s important to note that copyrighting game design does not necessarily protect all aspects of the game. For example, if someone else creates their own version of the game using different design elements, they may be able to claim their own copyright protection for their work.
Option 4: Register a Trademark
Another option for protecting a video game is to register a trademark for the game’s name or logo. This can help prevent others from using the same name or logo to market their own version of the game. To register a trademark, you will need to file an application with the United States Patent and Trademark Office (USPTO).
The cost of registering a trademark for a video game depends on several factors, including the complexity of the name or logo and the number of classes of goods or services that the trademark covers. The USPTO charges an application fee based on these factors, which can range from $25 to $400 per class of goods or services.
It’s important to note that registering a trademark for a video game does not provide any protection for the game’s creative content, such as its code, artwork, or design. To protect these elements, you will need to obtain separate copyright protection.
Case Study: Minecraft
One well-known example of a video game that has been subject to copyright disputes is Minecraft, the popular building block game created by Markus Persson. In 2010, Persson filed a lawsuit against Jebaile Williamson, who had created and released an unauthorized version of Minecraft called “CraftBukkit.”
The case was eventually settled out of court, with Williamson agreeing to pay royalties to Persson for the use of his code in CraftBukkit. The settlement also included an agreement between the two parties to avoid any future infringement on each other’s IP rights.
This case highlights the importance of copyright protection for video game developers, as it can help prevent others from exploiting their creative work without permission.
FAQs
Here are the frequently asked questions about video game copyright:
1. How long does a copyright last for a video game?
Copyright protection for a video game lasts for the life of the author plus 70 years from the date of first publication. However, if the game is created by multiple authors, the copyright may last for up to 95 years after the death of the last author.
2. Can someone else create a version of my video game without copyright protection?
Yes, it is possible for someone else to create a version of your video game without obtaining any copyright protection for their work. However, if they use any elements of your game that are protected by copyright, such as code or artwork, they may be infringing on your IP rights and subject to legal action.
3. What is the difference between a copyright and a trademark?
Copyright protection is designed to protect creative works, such as music, films, and software. Trademark protection is designed to protect brand names and logos that are used to identify goods or services.
4. How do I determine if my video game is eligible for copyright protection?
To be eligible for copyright protection, your video game must be an original work of authorship that is fixed in a tangible form. This could include software code, images, sound effects, and other forms of creative expression. However, certain elements of your game, such as plot or character names, may not be eligible for copyright protection.
5. Can I obtain copyright protection for my video game’s storyline or characters?
It is possible to obtain copyright protection for the storyline and characters of a video game, provided that they are original works of authorship that are fixed in a tangible form. However, it is important to note that copyright protection does not provide any protection for elements of your game that are widely recognized or generic, such as common phrases or character types.
