IP Rights in the Video Gaming Industry: Protecting and Defending Your Game's IP

The video/computer gaming industry surpassed the $100 billion mark in 2016 and is expected to continue to grow significantly. Video/computer game companies, creators, designers and others involved need to take steps to protect the IP value of the games.

Many aspects of video or computer games 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 video/computer game 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.

1. Games as IP–intro to rights protection
   1. Copyright
   2. Trademark/trade dress
   3. Patent
2. Common pitfalls facing new developers
   1. The problem with a handshake deal–ownership issues among contractors and employees
   2. Licenses, ownership and selling a game–defects in chain of title and scope of rights
   3. Open source considerations
3. Highlight legal challenges facing the industry generally
   1. Liability lurking with new hires–lessons from Oculus
   2. Game cloning–the blurry line between scenes a faire, homage and infringement
   3. U.S and EU data privacy issue-spotter–kids and the right to be forgotten

The panel will review these and other key issues:

• What are the infringement vulnerabilities for video game companies, creators and designers?
• 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 video gaming industry?