Are Deathworms Trademarked or Protected by Copyright?

Whether you're crafting a novel, designing a video game, or exploring the world of creative storytelling, intellectual property (IP) can play a pivotal role in shaping your project. But how does IP apply to mythical creatures or fictional concepts? Take the Deathworm as an example—rooted in folklore but popularized by modern media like ARK: Survival Evolved. Could these adaptations be protected under copyright or trademarks?

What are Deathworms?

In the ARK video game franchise, the Deathworm is depicted as a massive, fearsome creature that dominates its desert habitat. Known as the apex predator of the game, it lies in wait beneath the sands, only to erupt from the surface, devouring its prey in one swift attack.

The name “Deathworm” reflects its deadly reputation and was coined by locals within the game. However, its official designation, Khorkoi arrakis, offers a nod to its origins — drawing inspiration from the cryptid Mongolian deathworm.

ARK’s IP protection

There are various forms of IP that Studio Wildcard, the creators of ARK, might use to protect their work. These include trademarks, patents, and copyrights, each offering different types of protection.

• The term "Deathworm" itself is not trademarked, meaning Studio Wildcard doesn't hold exclusive rights to the word for general use.
• Patents typically don't apply to fictional creatures like the Deathworm, so there's no protection there.
• However, the artistic and textual works associated with Ark (including Deathworms) are protected under copyright law.

What about ARK’s Creative Commons licensing?

Studio Wildcard may allow certain content to be used under a Creative Commons license, but this comes with specific stipulations:

1. You must give Studio Wildcard appropriate credit, provide a link to the license, and indicate if any changes were made.
2. Commercial use is not permitted. You cannot use the material for profit.
3. If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
4. You may not impose additional restrictions. For example, you cannot apply legal terms or technological measures that prevent others from using the material as the license allows.

Understanding these terms is key if you plan to reference or adapt ARK's content in your projects. Always review the licensing details to ensure compliance with Studio Wildcard's IP policies.

Learn to safely use original works

To safely use original works like ARK's Deathworms, stick to the rules: give credit, follow licenses, and avoid commercial use without permission. Respecting IP not only keeps you out of trouble but also encourages originality.

Additional resources

• Who Owns Creativity? The Clash Between AI and Copyrighted Works
• Copyright vs. Piracy: Understanding the Battle to Protect Creative Work
• Is Copyright Registration Worth It?