How can I figure out if the game idea is legal to use?
by Aaron · in Game Design and Creative Issues · 01/23/2014 (3:56 pm) · 4 replies
Hello Everyone,
I live in the USA. There is a game that I was working on and that I thought I had a brilliant idea for that might make for an excellent game and everything. I intended to make an original game, but I do not want to finish the project and then find out I cannot use any of my work since it might actually be already a registered idea that I would be infringing on. I know that I need to register in the USA for copyright, but my game is not exactly done yet is the thing. I need the following questions answered:
1. How to I check to see if my game ideas can be legally used.
2. How much would it cost.
3.
Things to know
1. None of the art I am using has been published.
2. None of it has been copied for other games.
3. None of it are public domain samples that have been downloaded.
4. I have been(trying) to avoid using things that been seen a lot on many other games and make it original and think I have a lot of relatively innovative ideas.(Not saying is not the most original ever), but I wanna be sure, so I do not waste my time.
I live in the USA. There is a game that I was working on and that I thought I had a brilliant idea for that might make for an excellent game and everything. I intended to make an original game, but I do not want to finish the project and then find out I cannot use any of my work since it might actually be already a registered idea that I would be infringing on. I know that I need to register in the USA for copyright, but my game is not exactly done yet is the thing. I need the following questions answered:
1. How to I check to see if my game ideas can be legally used.
2. How much would it cost.
3.
Things to know
1. None of the art I am using has been published.
2. None of it has been copied for other games.
3. None of it are public domain samples that have been downloaded.
4. I have been(trying) to avoid using things that been seen a lot on many other games and make it original and think I have a lot of relatively innovative ideas.(Not saying is not the most original ever), but I wanna be sure, so I do not waste my time.
#2
If you don't understand copyright, patent, or trademark law then either study up or consult a lawyer. There are people who specialize in intellectual property (IP) law.
Keep your source code private. If others are allowed to view the code then patent trolls can and will target successful projects. Even with out code they will still try. Document the source of all code, art, etc with appropriate licenses. Part of being in business is CYA.
Unfortunately there are a lot of evil douche bags who cannot create anything to benefit society (they swallowed a lie at some point in their life). Those people will try and make a profit off other people's work. So keeping your i's dotted and t's crossed helps you in the long run. Document anything you think may be important.
There is one way of having issues with legality and gaming. That would be content suitable for minors. Don't put sex scenes in a game and target minors. That will land you in trouble.
Also watch out for gruesome content or any content that would be considered hateful. Don't do a theme of hating Semites, Christians, Islamists, Homosexuals, Heterosexuals, etc. People get tired of these anti themes and it can make you a target by all types of people looking to grind an axe. You can get away with disliking evil symbols. But still be careful here as you will limit your audience. Try to make it clear you are against the evil and not necessarily the persons that do evil (my opinion, make not work for the theme of the game). Don't be someone who constantly looks for faults in people or groups. We don't need any more critics in life. There is a comedian named Michael Winslow that was advised by Bill Cosby to not be "dirty". Bill wisely told him you will alienate at least 50% of your potential audience. Think about the affect on your audience.
Anyway, I am biased and view things from certain perspectives. So take whatever I say with a grain of salt. I just don't believe hating anyone is ever good. It hurts you more than the target of the hate.
01/25/2014 (4:09 pm)
All works are implicitly copyrighted (in the USA). Make sure you put the correct copyright information on the work.If you don't understand copyright, patent, or trademark law then either study up or consult a lawyer. There are people who specialize in intellectual property (IP) law.
Keep your source code private. If others are allowed to view the code then patent trolls can and will target successful projects. Even with out code they will still try. Document the source of all code, art, etc with appropriate licenses. Part of being in business is CYA.
Unfortunately there are a lot of evil douche bags who cannot create anything to benefit society (they swallowed a lie at some point in their life). Those people will try and make a profit off other people's work. So keeping your i's dotted and t's crossed helps you in the long run. Document anything you think may be important.
There is one way of having issues with legality and gaming. That would be content suitable for minors. Don't put sex scenes in a game and target minors. That will land you in trouble.
Also watch out for gruesome content or any content that would be considered hateful. Don't do a theme of hating Semites, Christians, Islamists, Homosexuals, Heterosexuals, etc. People get tired of these anti themes and it can make you a target by all types of people looking to grind an axe. You can get away with disliking evil symbols. But still be careful here as you will limit your audience. Try to make it clear you are against the evil and not necessarily the persons that do evil (my opinion, make not work for the theme of the game). Don't be someone who constantly looks for faults in people or groups. We don't need any more critics in life. There is a comedian named Michael Winslow that was advised by Bill Cosby to not be "dirty". Bill wisely told him you will alienate at least 50% of your potential audience. Think about the affect on your audience.
Anyway, I am biased and view things from certain perspectives. So take whatever I say with a grain of salt. I just don't believe hating anyone is ever good. It hurts you more than the target of the hate.
#3
http://www.copyright.gov/fls/fl108.html
Names on the other had you can things like "Candy" or "Saga" can be copywriten as King.com has proven. However these do not stand up in court most of the time. See Electronic Arts versus Edge.
http://www.thesixthaxis.com/2014/01/22/king-attempts-to-crush-others-in-its-candy-copyright-saga/
http://kotaku.com/5370359/electronic-arts-sues-to-cancel-langdells-trademarks
01/25/2014 (10:08 pm)
You cannot copyright gameplay mechanics. http://www.copyright.gov/fls/fl108.html
Names on the other had you can things like "Candy" or "Saga" can be copywriten as King.com has proven. However these do not stand up in court most of the time. See Electronic Arts versus Edge.
http://www.thesixthaxis.com/2014/01/22/king-attempts-to-crush-others-in-its-candy-copyright-saga/
http://kotaku.com/5370359/electronic-arts-sues-to-cancel-langdells-trademarks
#4
01/27/2014 (12:09 am)
Alright. Thank you all for excellent, well thought out replies. It is greatly appreciated. I had a project compromised in the past cause I was not smart about how I went about it and posted it online with no contract no getting it copyrighted. It was my first project though and I take it as a learning lesson. I seek to do much better things and learn from my past mistakes in future. Thats what life is all about :) 
Torque Owner Richard Ranft
Roostertail Games
http://tsdr.uspto.gov/
http://science.howstuffworks.com/innovation/new-inventions/how-to-do-a-patent-search.htm
http://www.copyright.gov/fls/fl108.html - the first paragraph is particularly important: