Can my video game get stolen?

[Trevik]

I live in Oklahoma but can't imagine that mattering for IP. I'm a video game developer and have quite a back catalog of games that I have never released out of fear they would get stolen. I create my games from the ground up. I do my own music, graphics and code so nothing is out sourced. I own every bit but if anyone tried to steal my games and say it was there work then they could sue me right? After all I have no way to actually prove the games are mine. I have never trade marked or copyrighted anything. Not sure if those are even methods you would use for video games. I read somewhere you have to publish them with the library of congress but on there website they stated the game needs to be finished which had me scratching my head because some games are never finished considering I keep adding to them. So would I need to publish every DLC upgrade patch for the game as a stand alone item? Any help would be appreciated.

 

[quincy]

I live in Oklahoma but can't imagine that mattering for IP. I'm a video game developer and have quite a back catalog of games that I have never released out of fear they would get stolen. I create my games from the ground up. I do my own music, graphics and code so nothing is out sourced. I own every bit but if anyone tried to steal my games and say it was there work then they could sue me right? After all I have no way to actually prove the games are mine. I have never trade marked or copyrighted anything. Not sure if those are even methods you would use for video games. I read somewhere you have to publish them with the library of congress but on there website they stated the game needs to be finished which had me scratching my head because some games are never finished considering I keep adding to them. So would I need to publish every DLC upgrade patch for the game as a stand alone item? Any help would be appreciated.

You can, and should, register your original and creative works with the US Copyright Office. Although registration is not necessary in the U.S. - copyrights are automatic once a work is fixed in tangible form - registration remains the best way to prove both date of creation and ownership in the works.

If someone decides to pilfer your work, registration makes you eligible to collect statutory damages from any infringer ($30,000 to $150,000 per infringed work). Without registration, any damages awarded in an infringement lawsuit would be limited to the proven profits realized by your infringer or any proven losses suffered by you (demonstrable harm).

If your video games center on a specific named character, or if you intend to market your games under a specific name, you can also protect your creative output under trademark laws. Registering your trademarks is another level of protection.

And, if you used a novel, non-obvious process or improved on an existing idea, a patent could also be something to consider and explore with a patent agent or a patent attorney.

In fact, showing your video games to an IP attorney in your area could be a good idea. A personal review by an IP attorney can also better ensure you are not inadvertently infringing on anyone else’s rights.

Good luck with your games.

 

[zddoodah]

and have quite a back catalog of games that I have never released out of fear they would get stolen.

Not legally relevant, but I read stuff like this, and I wonder what great songs or books or whatever exist but we'll never know about for reasons like this.

In the realm of legally relevant, your games are protected by copyright from the moment they're fixed in a tangible medium of expression. If you publish them, registering your copyrights is a good idea because, while not required for copyright protection, registration provides valuable benefits in the event of infringement.

but if anyone tried to steal my games and say it was there work then they could sue me right?

Anyone can sue anyone for anything. As a general rule, however, that doesn't happen, and if it does happen, you probably have ample evidence to prove that you created them and when. Right?

After all I have no way to actually prove the games are mine.

Why would you think that? You have no computer files with metadata? Notes? At a bare minimum, you have your testimony.

I have never trade marked or copyrighted anything.

These words are not properly used as verbs. As I mentioned above, from the moment you fixed these things in a tangible medium of expression, you owned copyrights. You don't have any trademark rights because you've never exploited your works in commerce. I assume what you really meant by this is that you've never registered any copyrights or trademarks.

Not sure if those are even methods you would use for video games.

Video games are audiovisual works protected by section 102(a) of the Copyright Act (they also incorporate other types of works that are also protected).

I read somewhere you have to publish them with the library of congress but on there website they stated the game needs to be finished which had me scratching my head because some games are never finished considering I keep adding to them. So would I need to publish every DLC upgrade patch for the game as a stand alone item?

I can't address things you read or think you read, unless you provide links or citations. Generally speaking, when you register a copyright, you submit a copy of the work (but that isn't always required anymore). The submission copy is NOT published anywhere and is generally not available to the public (if it's even saved). What constitutes "finished" is impossible to determine in the abstract. However, there is no requirement in the Copyright Act that a work meet any sort of standard of "finished." As I mentioned above, if you want to publish something, you should register what you publish. If you later add to that, then you can register the additional content. You'll have to make a value judgment about whether the cost of registration is justified.

 

[quincy]

As a note on trademarks, trademarks are used as product or service identifiers. Trademarks are what distinguish one product or service from that of another. Some video game trademarks that you are probably familiar with include Minecraft, Nintendo, Angry Birds.

You gain trademark rights through the use of your trademark in commerce. Once you decide whether to secure copyright protection for your video games by registering your works (source code, as a note, is also copyrightable), you can decide on names (logos, slogans, etc) to identify and market your games.

You can register your trademark(s) with help from information found on the US Patent and Trademark Office (USPTO). Here is a direct link to the USPTO trademark assistance center: https://www.uspto.gov/learning-and-resources/support-centers/trademark-assistance-center

Again, registration is not required to have your works copyright protected or to have trademark right protection. Copyrights are automatic upon creation and trademark rights are gained by their use in commerce. For both copyrights and trademark rights in the US, the first to create a work, and the first to use a trademark in commerce, will be the presumed owner.