IP Rights in Gaming: Leveraging Trademarks, Copyrights, and Patents to Protect From Development to Delivery

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Wednesday, May 29, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide guidance to IP counsel advising creators, designers, companies, and others in the gaming industry on managing key IP challenges. The panel will discuss infringement and enforcement as well as leveraging trademark, copyright, and patent law to protect IP rights.
Faculty

Mr. Dannenberg handles all facets of IP procurement, counseling, and enforcement. In addition to working on thousands of software patent prosecution matters, he has extensive experience with contentious patent, copyright and trademark matters, including litigation, counseling and licensing, for companies in virtually every industry, including video games, software development, and healthcare, among others. Mr. Dannenberg has also led numerous copyright litigations defending firm clients from accusations of infringement by performance rights organizations and other copyright enforcement entities. A lifetime fellow of the American Bar Foundation, Mr. Dannenberg is a recognized leader in video game IP issues. He is an adjunct professor of Copyright Law and Video Game and Immersive Entertainment Law; the founder and editor-in-chief of the PatentArcade.com legal blog; editor and principal contributor of the ABA’s Legal Guide to Video Game Development; editor of The ABA’s Computer Games and Immersive Entertainment: Next Frontiers in Intellectual Property Law; and founding chair of the ABA’s IP Section Committee on Computer Games and Virtual Worlds. He also serves on the editorial board for the Interactive Entertainment Law Review, and has been a member of the Video Game Bar Association since its inception.

Mr. Lewis counsels clients on new technology ventures, intellectual property matters, and advertising matters across a wide range of industries, from video games and music to fashion, food, and film. Heh focuses on a variety of IP issues and transactions, entertainment and brand deals, software agreements, influencer and talent agreements, contractor services agreements, and custom content and marketing agreements, among other things. Mr. Lewis also has experience drafting online terms of service, end-user license agreements, and other bespoke agreements for clients utilizing emerging technologies such as virtual reality, non-fungible tokens, and artificial intelligence. He is a frequent presenter on IP and technology legal issues.

Ms. Moore focuses her practice on counseling clients across the music and entertainment industries. She is a steadfast and trusted adviser, helping her clients through all aspects of business formation and partnership agreements to due diligence and contract negotiations. Combining her wealth of knowledge in entertainment law and fine-tuned listening skills, Ms. Moore is a formidable champion for artists and investors in music, film, television, literature, theater, gaming, and other creative arts industries. She is deeply experienced in managing intellectual property assets, domestic and international IP portfolios, and IP licenses, having represented clients ranging from emerging artists and filmmakers to a top-100 accounting firm and billion-dollar software company.
Description
The gaming industry was estimated at over $365 billion in 2023 and is expected to continue to grow. Game companies, creators, designers, and others involved need to take steps to protect the IP value of the games. Many aspects can be protected by copyrights, trademarks, and patents. Establishing IP rights can protect company assets, but failing to do so can create problems that could result in infringement liability, substantial legal fees, or removal of a game from the market.
Using open source software in game creation offers a number of benefits but also presents serious risks, including potentially disclosing the source code. Game creators and developers must document materials used in the game creation to ensure they are not violating others' IP rights.
Counsel can guide clients in the gaming industry in understanding, policing, and protecting their IP rights while avoiding infringing others' IP rights that can lead to liability exposure.
Listen as our authoritative panel examines the challenges involved in protecting IP rights, legal strategies, and determining the best avenue to protect IP rights. The panel will also address the problems that arise if IP issues are not addressed and will offer guidance on policing IP rights.
Outline
- Common pitfalls facing new developers
- Ownership issues among contractors and employees
- Licenses, ownership, and selling a game
- Open source considerations
- Legal challenges facing the industry generally
- Game cloning
- U.S. and EU data privacy issues
- Developing a comprehensive IP protection strategy
- Copyright
- Trademark/trade dress
- Patent
- International considerations
Benefits
The panel will review these and other key issues:
- What are the infringement risks for gaming creators, designers, and companies?
- What copyright, trademark, and patent issues should counsel anticipate and address during the development of a game?
- What strategies should IP counsel employ to enforce IP rights in the gaming industry?
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