A Step-by-Step Guide to Copyright Protection for Game Developers

As a game developer, one of the most nerve-wracking challenges is dealing with the chance that someone might copy your game.

While major companies like Nintendo have the resources to handle potential infringers (think of the Palworld and Pokémon controversy), indie developers usually don't.

In this article, we’ll go through the steps you can take to protect your game, answer frequently asked questions, and provide insights to make the process as straightforward as possible. 

Step 1: Figuring out whether your game is copyrightable

The first and most crucial step in protecting your game is determining whether it's eligible for copyright protection.

You may not realize that certain elements of your game could already be protected by someone else's copyright.For instance, iconic characters like Link from The Legend of Zelda and Lara Croft from Tomb Raider each have their own copyright owner. Because of existing protections, it's crucial to confirm that your game doesn't unintentionally infringe on existing rights. To start, you can conduct a free copyright search of 33 million + copyrights on our website.   

Learn more about protecting your creative works in our detailed guide, "A Step-By-Step Guide | How to File a Copyright."

Step 2: Register your copyright (the smart way)

While it's possible to register your copyright yourself with the U.S. Copyright Office, we strongly advise against it.

Why? Because there's no guarantee that your application will be successful without a thorough understanding of copyright law.

Even small errors in your application can lead to delays (or even rejections).

Working with a licensed attorney (and getting professional legal advice) dramatically increases your chances of successful copyright registration.

Unsure? Let's explore the main benefits:

The 4 key benefits of hiring a licensed attorney

1. Expert guidance: Our attorneys have in-depth knowledge of copyright law and can easily navigate complex legal requirements
2. Error prevention: We can ensure your application is accurate and free of mistakes that could result in rejections.
3. Custom advice: Our attorneys can assess your game to identify all protectable elements. They can also advise on the best strategy for safeguarding your intellectual property.
4. Time efficiency: We handle the process, saving you time and effort while ensuring prompt submission.

Step 3: Further protecting what's yours

While registering your copyright is a crucial step in safeguarding your game and ensuring exclusive rights, in the long term, it's just the  first step to protect your intellectual property (IP).

Here's how to take protection a step further:

1. Monitor for potential infringements: Keep an eye out for unauthorized uses of your game assets, such as pirated copies, cloned games, or unlicensed distribution on platforms like app stores, streaming services, or websites.
2. Issue takedown notices: If you identify copyright infringement, platforms like YouTube, app stores, or marketplaces often provide procedures for submitting takedown notices under the Digital Millennium Copyright Act (DMCA). This allows you to quickly remove infringing content without resorting to litigation.
3. Pursue legal action when necessary: In cases of persistent or severe infringement, working with an attorney to file a lawsuit can help enforce your rights and help you seek damages.
4. Layer your IP protection: Copyright is just one piece of the puzzle. Consider trademarking your game's title, logo, or branding to protect its identity and stand out in the market. If your game includes innovative technology, unique mechanics, or a novel system, explore whether these aspects qualify for patent protection.
5. Educate your audience and partners: Make your copyright ownership clear through visible copyright notices, terms of use, and licensing agreements.

What indie game developers need to know: Avoiding costly legal mistakes

In an unsurprising turn of events, in September 2024, Nintendo and The Pokémon Company filed a patent infringement lawsuit against Pocketpair, the indie developers of Palworld.

The lawsuit alleges that Palworld infringes on multiple patents held by Nintendo and The Pokémon Company.

It mainly concerns game mechanics and creature designs that are similar to those in the Pokémon series.

To avoid similar legal challenges, indie developers should consider the following steps:

• Conduct comprehensive research: Before development, thoroughly research existing games to ensure your concepts, mechanics, and designs are original and don't closely mimic those of established titles.
• Develop unique content: Focus on creating distinctive characters, storylines, and gameplay mechanics that set your game apart.
• Document development processes: Maintain detailed records of your development process, including concept art, design documents, and coding milestones. This documentation can serve as evidence of your game's originality if disputes arise.

What should you do if you release DLC?

Releasing downloadable content (DLC) for your game is a great way to enhance its lifespan and engage your player base, but it also comes with legal considerations.

Here's what you should do:

1. Protect the DLC with copyright

Treat your DLC as an extension of your intellectual property.

The new assets—such as additional characters, maps, storylines, music, and game code—should be copyrighted to ensure they're legally protected. If the DLC introduces innovative game mechanics, you may also want to explore patent protection.

2. Update your licensing agreements

If your game has an end-user license agreement (EULA) or terms of service, ensure it includes clauses covering the DLC.

This will outline how players can use the new content and prevent unauthorized use or distribution.

3. Conduct trademark and copyright searches

Before releasing the DLC, verify that none of the new elements, such as names, designs, or music, infringe on existing copyrights or trademarks.

This is especially important if the DLC features new branding or collaborations.

4. Monitor for unauthorized distribution

As with your base game, monitor for piracy or unauthorized sharing of your DLC.

Use digital rights management (DRM) tools to help protect your content and enforce your copyright if infringement occurs.

Understanding fair use in video games: What you need to know

Fair use allows limited use of copyrighted material without requiring permission from the rights holder, but its application in video games is often complex.

It typically depends on factors like:

• The purpose (e.g., educational or transformative use),
• The nature of the copyrighted work,
• The amount of the content used,
• And its impact on the market value of the original work.

For example, using short gameplay clips in a review or commentary might qualify as fair use if it provides criticism or adds new meaning.

Fair use is highly context-specific and often requires legal expertise to determine if your usage is compliant.

When in doubt, consulting an intellectual property attorney is the best way to avoid potential disputes.

Protect your game with Copyrightable by Trademarkia

Game development is a culmination of countless hours of creativity, effort, and passion—it deserves the best protection possible.

At Trademarkia, we make it simple and effective to safeguard your intellectual property. With our expert attorneys, you'll not only protect your game from potential infringement but also ensure it stands out in the marketplace.

Don't let legal uncertainties hold you back—partner with a copyright lawyer and focus on what you do best: creating great games.