How to protect your computer game software?

Contents:

1. How a developer can protect his copyright for a game?

2. Protection of intellectual property objects by registering TM;

3. Protection of the game by patenting;

4. Registration of the game as a computer program.

How to protect your computer game software?

Copyright protection for software and computer games is an issue that lawyers often face in connection with the active development of the gaming industry. Computer games are complex objects of intellectual property. Even if the developer registers a trademark and files a patent, some elements can still be used by third parties. The least protected objects include source code, game characters, music, graphics.

For example, when the original program code is modified, the game becomes a new object of intellectual property, while the copyright law protects only the existing version of the code. In practice, this means that the creator of the modified code can perfectly legally use his creation, even if it repeats an already existing game. The same applies to the content of the game. Many companies suffer from unscrupulous competitors who take other people's ideas as a basis and use them to create their own products.

How a developer can protect their copyrights for a game?

The basic recommendation is to use an individual approach to protect copyright objects. The work begins with an audit of intellectual property objects, which will make it possible to highlight the objects of copyright and select the optimal mechanisms for their protection.

It is also necessary to develop a package of accompanying documents, which indicate all the legal aspects of the use and implementation of the software product:

1. First of all, we are talking about a license agreement. This document specifies the mode of using the software, which does not allow the possibility of making changes to the game while using it.
2. It is also necessary to prepare an agreement on the alienation of copyright. This document governs the terms of transactions for the acquisition of intellectual property.
3. A document on the introduction of a trade secret regime for data protection is necessary in order to avoid intentional or accidental leakage of information by the company's employees, partners and counterparties. The introduction of the trade secret regime is aimed at protecting game concepts, ideas, formulas, etc.
4. If a company hires employees to develop a game, a separate copyright contract is concluded with each developer. It is also necessary to establish the procedure for the transfer of rights to the software product when developing a service work.
5. Creation of accompanying documentation, which includes a privacy policy, rules for using the program, etc.

Protection of intellectual property objects by registering TM

Everyone knows that you can protect your copyrights by registering a trademark. Most often, trademarks are registered for the names of computer games, however, the law allows the registration of characters and other elements of computer games as TM. A trademark is not just text or an image. There are also sound, light, color, olfactory, gustatory and combined trademarks, thanks to which the developer can protect various game objects from illegal copying.

Game protection by patenting

One way to protect a graphical interface from copying is to obtain a design patent. This document is also called a patent for industrial model. The objects of patenting are the appearance of the game, that is, the menu, the design of locations, characters, and other objects.

Also, the developer has the right to apply for a patent for an invention. Unlike the previous version, such a document is intended to protect the game algorithm, that is, a technical solution that is used to implement a creative idea.

You can also protect your development with a utility model patent. Unlike a patent for an invention, this document protects a technical solution that relates to a device: a computer, a game console, etc.

Registration of the game as a computer program

In fact, computer games are software, which makes it possible to use the appropriate mechanism for protecting intellectual property. When registering a program, the author receives a certificate that contains data on the size of the code, the date of registration, etc. In case of disputable situations, the certificate can be used to confirm his exclusive and copyright for the created software product. According to the World Copyright Convention, exclusive rights to games and software do not have territorial restrictions.

There are many ways to protect software for computer games. A4 Law Firm specialists are ready to help you choose the most effective solutions for your software product.