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Stephen McArthur's Blog   Expert Blogs

Stephen McArthur received his J.D. from Columbia University School of Law in 2007 where he was a Harlan Fiske Stone Scholar and served as Managing Editor of the Journal of Law and Social Problems.

Stephen is an intellectual property attorney at The McArthur Law Practice and was formerly an associate of Cravath, Swaine & Moore LLP in New York City and Irell & Manella LLP in Los Angeles. Stephen’s practice focuses on trademark prosecution and litigation, copyright litigation, patent litigation, general contractual commercial litigation, privacy, right of publicity, and licensing. He has represented clients across the technology spectrum, especially those associated with the video game industry.

Other Gamasutra Articles:
Clone Wars: 

He can be reached by email at

McArthur Law Practice website:



Expert Blogs

As a lawyer in the video game industry, I explain here the numerous high-profile Right of Publicity lawsuits filed recently and the most common pitfalls that arise when a game developer wants to use a real person's likeness in their game.

Posted by Stephen McArthur on Tue, 24 Jun 2014 04:41:00 EDT in Business/Marketing, Console/PC, Indie
This article explains why your videos get flagged by Youtube’s copyright system, what you can do if your video is flagged, and how you can fight back against a Content Manager and use the existing copyright regime to your own advantage.

Posted by Stephen McArthur on Mon, 05 Aug 2013 09:00:00 EDT in Business/Marketing, Serious
I explain each of the options a game developer should consider to protect its intellectual property, and I give real-world examples of video game companies doing each and their outcomes.

Stephen McArthur's Comments

Comment In: [Blog - 06/24/2014 - 04:41]

If the person sending the ...

If the person sending the DMCA takedown notices was not the copyright owner, or if your use was fair use, then you may want to send a Counternotice. Contact me here if you want to discuss more details:

Comment In: [Blog - 11/17/2014 - 06:26]

With regards to the right ...

With regards to the right of publicity, the court concluded that Plaintiff 's claim cannot survive defendants ' First Amendment defense. Here is a link directly to the opinion, which is more clear than the Time summary written by a journalist without a law degree: 1028 noriega.pdf r n ...

Comment In: [Blog - 10/28/2014 - 02:14]

Solforge is a f2p card ...

Solforge is a f2p card game and got 429,000 on Kickstarter. Hex also describes itself as a f2p card game and received over 2 million on kickstarter.

Comment In: [Blog - 08/05/2013 - 09:00]

Chad, the fair use analysis ...

Chad, the fair use analysis is worthy of its own separate article. I 'm not taking a side in the debate, I 'm simply saying it 's an open question. For now, I 'll refer to an explanation already written by a law professor for Gamasutra: Your Nintendo Lets ...

Comment In: [Feature - 02/27/2013 - 04:55]

Tom, thanks for your insight ...

Tom, thanks for your insight into the nuances of the case.