How Do You Copyright A Game Process Explained

To copyright a game, you automatically receive copyright protection for your original creative expression the moment you fix it in a tangible medium. This includes the game’s code, art, music, and writing. Registration with the copyright office provides extra legal benefits.

Ever dreamt of creating the next big hit in the gaming world? The question of “how do you copyright a game” often arises for those with great ideas. Many think simply having the game idea is enough.

This isn’t quite the case; copyright protects the expression of your game, not the idea itself. Therefore, it is important to understand the specific elements covered by copyright.

How Do You Copyright a Game?

Creating a game is a big adventure! You pour your heart, your ideas, and lots of time into making something amazing. But what if someone else tries to copy your hard work? That’s where copyright comes in. Copyright is like a shield that protects your creative work. It helps make sure that you get the credit and the right to decide how your game is used. Figuring out how to copyright a game can seem tricky, but it’s not as hard as it looks. This guide will walk you through each step, making sure you understand how to keep your game safe.

What Exactly Can You Copyright in a Game?

Not every part of your game can be copyrighted. Copyright protects the creative expression of your ideas, but not the ideas themselves. Think of it like this: you can copyright your drawing of a cat, but not the idea of drawing a cat. So, what specific elements of a game can get copyright protection?

Game Code: This includes all the lines of code written to make the game work. That’s the core of your game’s functionality, and it definitely gets copyright protection.
Visual Art: This includes all the artwork you create for your game. This includes character designs, background scenery, and user interface elements. Your unique artistic style is protected by copyright.
Music and Sound Effects: Any music or sound effects you create for the game are also protected by copyright. These elements add a lot to the game’s atmosphere and feel.
Written Text: The text used in the game, such as the story, dialog, instructions, and any in-game text is eligible for copyright protection.
Game Design Documents (GDD): These documents are often detailed descriptions of game mechanics, level design, and plot points, if they contain original expression beyond just ideas, they can be copyrighted.

What Cannot Be Copyrighted?

It’s just as important to know what isn’t protected by copyright. Things that don’t get copyright protection include:

Game Ideas or Concepts: You can’t copyright the concept of a platformer or a puzzle game. Only the specific expression of that idea can be copyrighted.
Game Mechanics: Basic game mechanics, like jumping or scoring points, cannot be copyrighted. These are considered functional, not creative.
Game Rules: The rules of a game, like how to move or win the game, also are not eligible for copyright protection.
Game Titles: Generally, game titles are not protected by copyright law. You may be able to trademark a title but copyright will not apply.

To understand why some elements get copyright and others don’t, think of it as protecting what you create, not the underlying idea. A good rule of thumb is: if it is an original way of expressing an idea, its likely eligible for copyright protection.

How to Secure Copyright Protection

Copyright protection is automatic when you create an original work that fits the criteria. But to have the best possible protection, there are things you should do. The first step is understanding that copyright happens when you create something. That means the second you write that game code, draw that sprite, or compose the music, the law grants you copyright protection.

The Importance of the Copyright Symbol ©, Name and Year

Although not required, including a copyright notice can be useful and beneficial to your game. The copyright notice, usually seen as the © symbol, along with the year of the game’s first publication, and your name (or company name), is a good way to show that the game is protected by copyright. You can place the copyright notice, usually somewhere visible at the start or end of the game. The copyright notice will look like: © [Year of First Publication] [Your Name/Company Name]. For example, “© 2024 Awesome Games Inc.”

Registering Your Copyright with the U.S. Copyright Office

While copyright protection is automatic, officially registering your game’s copyright with the U.S. Copyright Office is very important. Registering your copyright provides an official record of your ownership, which can be crucial if you ever need to take legal action against someone who is violating your copyright.

Why Register Your Game?

Public Record: Copyright registration creates a public record of your ownership. This record is useful when it’s necessary to establish your ownership in legal proceedings.
Legal Benefits: If you have registered your copyright, you can be awarded statutory damages and attorney’s fees in a copyright infringement case. This is something you cannot receive without registration, and it encourages more creators to register their work.
Proof of Ownership: Registration provides a strong piece of evidence proving you own the game and that your copyright was registered on a specific date.

How to Register Your Game’s Copyright

The process for registering your copyright involves submitting an application with the U.S. Copyright Office. This can be done online, and the process isn’t too complex.

Gather Your Materials: Prepare all the elements that you want to register which will include the game code, art, music, written content, and any other original content of your game.
Complete the Application: Visit the U.S. Copyright Office website and fill out the online application for copyright registration.
Pay the Registration Fee: You’ll have to pay a fee to register your game’s copyright. The fee amount can change, so always double-check the official website.
Submit Your Game: You can submit a digital copy of your game for review. This is what the Copyright Office will use to register your copyright.
Receive Your Certificate: Once your application is approved, the U.S. Copyright Office sends you an official certificate of registration. This is your proof that your game is registered with the Copyright Office.

Protecting Different Aspects of Your Game

Remember that different parts of your game get protected in different ways. Let’s look into each in a bit more detail.

Copyrighting Game Code

Game code is the foundation of your game. It is fully protected by copyright. Make sure you maintain a record of all changes to your code, so you can see the history of your project. Backing up your code is also really important, so you don’t lose any of your work. Keep your game code stored in a safe place and consider a secure source code management platform.

Copyrighting Art, Music and Sound Effects

Art, music, and sound effects make a game interesting and unique. Like game code, these items are automatically protected by copyright when you create them. However, using copyrighted material created by others may lead to legal trouble. If you hire someone to make the music for your game, be sure you have a written agreement that explains who owns the copyright. Similarly, if you license existing music, understand the terms of the license.

Copyrighting the Story and Text

The story, dialog, and in-game text are all eligible for copyright protection. Treat this material just like you would any other part of your game. Make sure you keep a record of your writings, and remember to backup your files regularly. When registering your copyright, make sure all the written components of your game are included in the work you submit to the Copyright Office.

Copyrighting Game Design Documents

Game design documents can be complex. However, if they contain original descriptions or illustrations, they may qualify for copyright protection. Game concepts and ideas are not copyrightable, but specific expressions of these ideas can be. For instance, a detailed description of a game level, with all the mechanics written out may be eligible for copyright protection.

Copyright Infringement and What To Do About It

Copyright infringement happens when someone uses your copyrighted work without your permission. This includes copying game code, using your artwork, music, story, etc. If you find out that someone is using your game without your permission, what do you do?

Steps to Take If You Believe Your Copyright is Being Infringed

Document the Infringement: Take screenshots, record video, and gather any information you can to prove that someone has copied your game.
Contact the Infringer: You can try to reach out to the person who is violating your copyright and ask them to stop. Sometimes a simple cease-and-desist letter will be enough to solve the problem.
Seek Legal Advice: If you are unable to resolve the matter on your own, it’s recommended to talk to a lawyer who is an expert in copyright law. They will be able to guide you with what action to take.
Consider Legal Action: You may be able to file a copyright infringement lawsuit. This is only possible if you have registered your copyright. In the event you win the lawsuit, you can potentially receive compensation for damages.

How to Avoid Infringing on Other’s Copyrights

It is just as important that you don’t violate other people’s copyrights. Here are a few ways to ensure that you aren’t violating someone else’s rights.

Use Original Creations: Make sure that all code, art, music and other parts of your game are original and made by you, or if you pay someone else, make sure you secure ownership through a contract.
License Properly: If you use assets created by other people, make sure you have secured the proper license for use. This means paying for the right to use someone else’s work.
Do Not Use Others Creations: Don’t copy or reuse other games material in any way without getting the proper consent or license.
Educate Yourself: Know the basics of copyright law and ensure you are aware of the legal implications.

Additional Considerations

Beyond copyright, there are other ways to protect your game. Let’s take a look at some of them.

Trademarks

A trademark protects brand names and logos. Unlike copyright, trademark rights are not automatic, you have to apply for it. If you want to protect your game’s title, logo, or any other unique brand identifiers, it is recommended to apply for a trademark.

Patents

Patents are used to protect inventions, like a new way of doing something. They are less commonly used in game development, but there are situations where a new game mechanic or system could be patented, if it is deemed unique enough.

Trade Secrets

Trade secrets protect confidential business information. In the gaming world, this could be anything from advanced technology to secret game mechanics. You will need to have policies and processes in place to protect the secrecy of any trade secrets.

Contracts and Agreements

If you work with other people to develop your game, use written contracts and agreements. These contracts should explicitly explain ownership of the game’s copyright, as well as how any revenues will be split. Make sure that all creators and contributors agree to these terms.

Copyright law is there to protect creators and encourage the continued creation of awesome games. By taking the right steps you can make sure that you and your game are protected.

What game designers should know about copyrights and trademarks | Zachary Strebeck

Final Thoughts

You secure a game’s copyright by registering its specific creative elements, like code, art, and music, with your country’s copyright office. Copyright protection arises automatically upon creation, but registration is crucial for legal action.

Remember, ideas themselves cannot be copyrighted, only their tangible expression. So, exactly how do you copyright a game? Focus on your game’s unique artistic and coded assets and secure them.