What Types of IP Law Apply to Video Games?

Video games are everywhere today. Whether someone is playing on a console in their living room, passing time on a phone while waiting in line, or logging into an online multiplayer game at night, gaming has become one of the most common forms of entertainment in the country. That said, what many developers, designers, and entrepreneurs don’t realize, at least at first, is just how many different areas of intellectual property law can apply to a single video game, including artwork, music, code, branding, storytelling, and even sometimes new technology. Read on and reach out to Lemler IP to speak with an Orleans Parish, Louisiana intellectual property lawyer to learn about the various types of IP law that apply to video games.

What Types of IP Protection Can Apply to Video Games?

There is no single form of protection that covers every part of a video game. Instead, different areas of intellectual property law tend to apply to different components. Some of the most common examples are as follows:

• Copyright: Copyright law protects original creative works. This can include character designs, dialogue, storylines, music, sound effects, background artwork, and animations. In many cases, even portions of the game’s code may be protected under copyright law.
• Trademarks: Trademarks protect branding. This means the name of the game, the logo, the name of a studio, or even certain slogans associated with a game may qualify for trademark protection if they are used to identify the source of the product.
• Trade Secrets: Some developers rely on confidential processes, internal tools, or proprietary systems that are never made public. When reasonable steps are taken to keep that information confidential, it may be protected as a trade secret.
• Patents: In certain circumstances, a truly new and unique technical process or gameplay system may be eligible for patent protection (such as the famous “Nemesis System” in Middle-earth: Shadow of Mordor or the mini-games hidden in older loading screens), though this area can be highly technical and is not applicable to every game.

Why is Intellectual Property So Important in the Gaming Industry?

The video game industry moves quickly, and ideas that gain traction can spread just as quickly. Without proper protection in place, it can become much easier for competitors or bad actors to copy, imitate, or profit from someone else’s work. Some of the benefits of strong IP protection are as follows:

• It can prevent unauthorized copying or distribution
• It preserves the value of a game’s brand and identity
• It makes licensing or publishing deals easier to negotiate
• It reduces the likelihood of disputes between collaborators
• It increases the overall value of a studio or project

When Should a Game Developer Speak with an IP Lawyer?

One of the most common misconceptions is that legal help is only needed after a dispute arises. In reality, many of the most serious problems can be avoided altogether with planning done early in the process. It’s typically best to speak with a lawyer:

• Before releasing a game to the public
• Before choosing or registering a game name or brand
• When working with outside artists, programmers, or composers
• Before signing publishing or licensing agreements
• If someone else appears to be copying or using your work without your permission

If you have further questions or would like to speak with a knowledgeable IP lawyer, please don’t hesitate to contact Lemler IP for an initial consultation today.