Me and my buddy are trying to do research about the steps in protecting A video game idea. We have have been butting heads between patent and copyright. We do not have loads of money to protect it with the wrong mark.
I am NOT a lawyer, but this is my understanding of the IP protection that you are asking about:
A patent is usually used with a piece of new technology. Example: You may be able to patent your particular process of pixel shading.
A copyright will protect a creative piece -- but only that particular piece. So... the core idea can still be taken. Example: Your new game named "poopRaiders" features 'Captain Poo and the dookie crew' -- Under copyright others should not be able to take those names, but they can emulate the situation and story ("dookieRaiders" featuring 'Deputy Dookie and Solid Waste Dancers').
In effect, the idea can be taken but your particular execution of the idea is protected. If it were me, I would put the money/resources towards the game.
I believe that creative works are copyrighted automatically when work is made and that registering the copyright only stands to further prove authorship -- but I am not 100% certain of that.
Again I want to point out that I am not a lawyer -- and talking IP protection over with an attorney is probably a good idea.
Hey Kevin, the following is not legal advice (I am an attorney) and is intended as general information:
Daniel is correct that your game is protected by copyright at the moment of creation (at least in the US). Copyright protects your original expression, including the audio visual elements in the game, the characters, story, and music, etc., as well as the underlying code. Copyright however does not protect the "idea" behind the game only your particular expression of that idea.
Patents on the otherhand protect inventions that are new, useful and non-obvious. In order to claim patent protection in a game or gameplay mechanic in the US, the USPTO or similar agency would need to evaluate your application and determine whether to issue a patent covering your claimed invention. This process can take several years and there is some doubt as to the enforceability of software patents in general (which is a separate discussion altogether).
In terms of cost the US copyright office charges $35 to file for a copyright and you can submit the application online. Having an attorney draft a patent applicaiton and prosecute that application all the way up to the issuance of the patent can easily run into the 10s of thousands of dollars. So you may be limited already in the type of protection you can choose for your game.
However, you have the option of protecting your game idea and concepts as trade secrets. Often parties discussing new game ideas with 3rd parties enter into a Non-Disclosure and Confidentiality Agreements where each party agrees not to use information disclosed by the other party and maintain the secrecy of the information. These types of contracts are fairly ubiquitous in game development and can be useful when you need to discuss the game with contractors, publishers, investors or distributors. You should ask an attorney familiar with technology and IP to draft an NDA for your employees, contractors and business partners to ensure that you properly maintain the game's trade secret status.
Thanks for the input. What the two of you had said i tried to explain to him now that i have others saying same thing maybe it would get him to listen.
As for the patent idea, If one single line is changed in the engine/game the protection no longer applies as it is not the same game anymore while copyrighting the Title "your original expression, including the audio visual elements in the game, the characters, story, and music, etc" would at least protect those assets from being stolen and used for other means.
I think personaly patenting new technology in the video game business would be selfish and hard to reinforce because every Video Game business may have/had built their own "new and original technology" that another company have already done and used.
We have discussed the use of NDAs but we were looking for when we make the game and sell it.
"I believe that creative works are copyrighted automatically when work is made and that registering the copyright only stands to further prove authorship -- but I am not 100% certain of that."
I shall look around to see if i can get this clarified.
A patent is usually used with a piece of new technology. Example: You may be able to patent your particular process of pixel shading.
A copyright will protect a creative piece -- but only that particular piece. So... the core idea can still be taken. Example: Your new game named "poopRaiders" features 'Captain Poo and the dookie crew' -- Under copyright others should not be able to take those names, but they can emulate the situation and story ("dookieRaiders" featuring 'Deputy Dookie and Solid Waste Dancers').
In effect, the idea can be taken but your particular execution of the idea is protected. If it were me, I would put the money/resources towards the game.
I believe that creative works are copyrighted automatically when work is made and that registering the copyright only stands to further prove authorship -- but I am not 100% certain of that.
Again I want to point out that I am not a lawyer -- and talking IP protection over with an attorney is probably a good idea.
Daniel is correct that your game is protected by copyright at the moment of creation (at least in the US). Copyright protects your original expression, including the audio visual elements in the game, the characters, story, and music, etc., as well as the underlying code. Copyright however does not protect the "idea" behind the game only your particular expression of that idea.
Patents on the otherhand protect inventions that are new, useful and non-obvious. In order to claim patent protection in a game or gameplay mechanic in the US, the USPTO or similar agency would need to evaluate your application and determine whether to issue a patent covering your claimed invention. This process can take several years and there is some doubt as to the enforceability of software patents in general (which is a separate discussion altogether).
In terms of cost the US copyright office charges $35 to file for a copyright and you can submit the application online. Having an attorney draft a patent applicaiton and prosecute that application all the way up to the issuance of the patent can easily run into the 10s of thousands of dollars. So you may be limited already in the type of protection you can choose for your game.
However, you have the option of protecting your game idea and concepts as trade secrets. Often parties discussing new game ideas with 3rd parties enter into a Non-Disclosure and Confidentiality Agreements where each party agrees not to use information disclosed by the other party and maintain the secrecy of the information. These types of contracts are fairly ubiquitous in game development and can be useful when you need to discuss the game with contractors, publishers, investors or distributors. You should ask an attorney familiar with technology and IP to draft an NDA for your employees, contractors and business partners to ensure that you properly maintain the game's trade secret status.
Good luck!
As for the patent idea, If one single line is changed in the engine/game the protection no longer applies as it is not the same game anymore while copyrighting the Title "your original expression, including the audio visual elements in the game, the characters, story, and music, etc" would at least protect those assets from being stolen and used for other means.
I think personaly patenting new technology in the video game business would be selfish and hard to reinforce because every Video Game business may have/had built their own "new and original technology" that another company have already done and used.
We have discussed the use of NDAs but we were looking for when we make the game and sell it.
"I believe that creative works are copyrighted automatically when work is made and that registering the copyright only stands to further prove authorship -- but I am not 100% certain of that."
I shall look around to see if i can get this clarified.