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Protecting Original Patreon-Funded Game

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mofool

Junior Member
I have built an entirely original game that I intend to release on Patreon, everything is my own work.
I don't know anything about legal stuff, so what do I need to do to protect my work from being stolen? I'm not talking about piracy, but someone stealing the name and work and passing it as their own.
Typically, I don't see Patreon creators copyrighting their work, but I want to be sure.

Thanks.
 


quincy

Senior Member
I have built an entirely original game that I intend to release on Patreon, everything is my own work.
I don't know anything about legal stuff, so what do I need to do to protect my work from being stolen? I'm not talking about piracy, but someone stealing the name and work and passing it as their own.
Typically, I don't see Patreon creators copyrighting their work, but I want to be sure.

Thanks.
What is the name of your state, mofool, or, if not in the US, what is the name of your country?

Games can be protected under copyright, trademark and patent laws.

Copyrights are automatic. You do not need to do anything to have copyrights in your original and creative works although, in the US, the registration of copyrighted works makes the creators of the works eligible for statutory damages should the works be infringed.

Trademarks in the US gain their rights through the use of the trademarks in commerce but, again, registration of the marks can provide the trademark holders with a presumption of ownership. In countries other than the US, the first to register a mark will be the presumptive owner of the mark whereas in the US it will be the first to use the mark that will be the presumptive owner.

And patents can protect novel and non-obvious inventions.

Other laws (like trade secret laws) can also provide a creator-developer of an original idea with protection.

That said, there is often little that can be done to prevent an infringer from infringing on creative works. There are only laws that allow for the owner of a creative work to take legal action(s) against the infringer after-the-fact.
 
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mofool

Junior Member
Interesting, thank you for the quick response. I am in Utah, USA.

So, if I understand correctly, my work is automatically protected?
I am worried about this situation: someone downloads my game, screenshots the logos, and then claims it as their own. Then they attack me for stealing "their" work.
I hear this sort of thing happens all the time which is why I am worried.

Thank you.
 

quincy

Senior Member
Interesting, thank you for the quick response. I am in Utah, USA.

So, if I understand correctly, my work is automatically protected?
I am worried about this situation: someone downloads my game, screenshots the logos, and then claims it as their own. Then they attack me for stealing "their" work.
I hear this sort of thing happens all the time which is why I am worried.

Thank you.
Any creative and original work created by you is protected automatically under copyright laws. Logos (one of the forms that trademarks can take) can be protected under trademark laws or, again, if original and creative enough, can be protected automatically under copyright laws.

Ideas are not protectable (except in some cases under trade secret laws). Anyone can take the idea of a game and develop their own game - but they cannot use for their game any of the protectable elements of someone else's games (e.g, the images).

Registering your works can help you prove ownership if you fear someone will infringe on your works or you fear someone will accuse you of infringing on theirs.
 

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