Some sort of protection on a completed game design?

#1 I can't answer your question - not with any legal aptitude anyway, but I wouldn't worry too much. The real test of a game is the final implementation, given the exact same design document I doubt that two independant teams would produce anything like the same game. And given just a brief overview I don't think anyone will really get the gist of your particular idea, instead they will take that spark and add their own ideas to it to produce something radically different.

If you have a very particular idea or storyline it might not be good for sales to have two games using that same theme (or then again it might) but I don't think the heart of a game design is the general theme, if that happened you should be able to use those ideas in a slightly different style of game without radically changing your game design.

I don't think there is a shortage of great ideas either, almost everyone has 3 or 4 it seems :).

#2 Anything you write is automatically protected by copyright law. It's generally best to put a "Copyright 2001 by " notice on it, because then a person could not reasonably claim they didn't know it was a copyrighted work.

However, that only protects your individual expression of the idea. If I read the doc, say "Wow!", and go off to write a similar game, you have no real ability to stop me. If you could somehow prove I used your design docs, or source code, that would be a different matter, but just the fact that I read something of yours and got an idea does not give you any rights. If that were the case, the Tolkien estate would own every fantasy game in the world right now.

Likewise, you can protect a game, and the characters in the game as your intellectual property, but you can't protect the idea. I can make a game about young kids going off to a school to learn magic, but I can't call it Harry Potter.

When you really think about it, you shouldn't have any rights to the idea. Let's say you come up with a lawnmowing simulation game. How do you know I wasn't already writing one? Why should you own the rights to all lawnmowing simulations in the world?

People are way too paranoid about idea theft. Make the game, and sell it. If other people make similar games, then it will probably build interest in the genre, resulting in more sales.

#3 Many publishers aren't too interested in unsolicited game designs. When they decide to look at one, they'll ask you to sign a confidential disclosure agreement, and within that agreement, you'll find a clause that explicitly states that the publisher has free reign to distribute games that are quite similar, providing they don't infringe on your specific IP. Here's an example of such a paragraph:

Nothing contained herein shall be deemed to limit the right of (PUBLISHER) to use, develop or market ideas or games similar to (THE GAME) so long as such use does not infringe upon any copyright, trademark or patent of (DEVELOPER).

At first, this looks like a kick in the shins that you'll just have to take if you want to get anywhere. If you think about it, it really isn't. Ideas are a dime a dozen... no, rather a penny a million. They're cheap. To think that you are the sole progenitor of an idea or concept, out of 6 billion people on this planet, is arrogant and ignorant. (To put it bluntly.)

A copyright's real power is shown when it's registered. Even with copyright notices, if you haven't actually formally registered the copyright, you're compensation for infringement will be meager at best (and practically nothing after you pay your lawyer :P). If it HAS been registered, your potential compensation upon successful prosecution is MUCH higher.

To redouble what Robert said, execution is all that counts. Just because you haven't seen an idea in a game on store shelves, doesn't mean another developer hasn't thought of it only to later trash it, or it hasn't been released as freeware years ago, or it isn't being used by another team at this very moment, etc. IIRC, Calculus was developed by two persons simultaneously: Newton and Leibniz.

Execution, execution, execution.

From working in the business software industry, I can impart one lesson I've learned: it's not always the best software that wins, it's the software that meets needs that wins. To translate that to game development: it's not the game with the cool ideas (best) that wins, it's the game that's fun (meets needs) that wins. Sure it's a gross simplification, but hopefully you get my drift.

#4 Thanks for the replies :)

I am a little overly paranoid about the whole thing, and I didn't word it incredibly well either. What I was more interested in was any info on legal protection of my design docs, etc, through copyright and the like. Honestly I dont really think its worth going through officially registering my stuff as copyrighted material, but thanks for the info nontheless :) I guess writing "Copyright 2001... stay away you dirty cheaty person!" on the front will do me for now.

Its not so much my ideas I'm worried about protecting, more the story and stuff that I've built up. But, once again, I'm probably over-reacting a little with the paranoia :)

#5 Your ideas would have to be REALLY good(and you'd need bad luck) for anyone to steal them and actually make something like your game with them. Stealing the storyline is a little different, but even then there is very little proving you can do...

Ever thought of getting it notarized?

#6 Make a copy of your design document...stick it in an envolope and mail it to yourself...then when you recieve it just stick it someplace safe (don't open it)...The date on the postmark can be held up in a court of law as proof of when the document was written...

But I think this would be a waiste of time (and 34 cents)...Unless you plan on selling (or licenceing) the design document?

#7 I'm not sure and I don't know that much about it, but, I think you need to get it notarized as well?

#8 I think the best way is to do what MSW said. Send it in a letter to yourself. Maby it wont work, but its definitly better than not doing it.
Anyway, thats what Im gonna do.

#9 Some of the touch points in copyright law can be summed up like this:

1. Did you create a mark or element easily confused with the original? E.g. A bunny rabbit (generic) vs. Bugs Bunny (specific).

2. Did you create elements expressly for a work? E.g. Calling your enemy "Darth Vader" or "Obi Wan" vs. the black knight or old wizard.

3. Is there detail in your work such that literal identification is immediate and unmistakable? E.g. Woman fights to save family farm vs. "Gone with the Wind".

If your design includes elements that could fit into these descriptions, then you might want to register your work for copyright protection. It does not affect IF it's copyrighted, but federal registration DOES affect the amount of compensation you can receive if your work is violated.

Lastly, defending a copyright is very expensive, as is any legal process. The question is, how much are you willing to spend, if your work is taken from you?

Just FYI,

Andy

IANAL - This is not legal advice. You should talk to a licensed attorney.

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