This handout is meant to provide basic legal considerations for indie video game companies. It should not be considered legal advice.

1. Legal services for technology-based companies
LEGAL CHECK LIST FOR INDIE GAME DEVELOPERS
- Business entity
o LLC or similar to protect against personal liability
o Operating agreement if more than just one developer in LLC
- Trademarks
o Identify key trademarks for game title(s) and business name
o File registration applications with USPTO
- Copyrights
o Identify key copyrights
o File registration applications with USPTO
- Patents
o Identify key technology
o File registration applications with USPTO
- Licensing & Agreements
o Review outstanding licenses & agreements
o Develop tracking system for previous & future licenses & agreements
o Determine assignability for future sales, transfers, etc.
INTELLECTUAL PROPERTY BASICS
- Licensing
o What are potential issues?
 Third party licensing
 End user license agreements (“EULA”)
 Open source licensing
- Copyrights
o What can be protected?
 Audiovisual – visual and aural display of the game, character(s)
 Literary works – the code
o What are potential ancillary issues?
 Copyright ownership
 Works made for hire – independent contractor owns the copyright
o Also might come into play when users are encouraged to modify existing
content
 Employee – company owns copyright
o But, was work done before you formally created your business entity?
o How do you protect?
 Common law – put pen to paper and you get certain rights
 Register with US Copyright Office – $35 fee per registration + sample of work
o What should you do regardless?
 Put “Copyright (or ©) [first year of publication], [owner]” next to any copyrightable content
_____________________________________________________________________________________
Ascentage Law, PLLC One Broadway, 14th Floor, Kendall Square, Cambridge, MA 02142 USA
TEL: +1.617.475.1603 www.ascentagelaw.com FAX: +1.617.401.3706

2. Legal services for technology-based companies
- Trademarks
o What can be protected?
 Game title(s) & logo(s)
 Name & logo of company
 Certain items in the game – creative tools, characters, product packaging
o What are potential ancillary issues?
 Using others’ trademarks in your game without their permission (i.e. product placement)
o How do you protect?
 Common law
 Use mark in commerce
 Only get limited geographic protection
 Register with US
 Use the mark in commerce on specific goods/services + USPTO fee ~$300 per class
o May also file intent to use application if plan to use in next 3 years
o What should you do regardless?
 Put “TM” next to any game title, business name, main character name, etc.
 DO NOT PUT ® unless you have registered, can lead to fines
- Trade secrets
o What can be protected?
 Software source code
 Customer data
 Future product plans & designs
o How do you protect?
 Develop written trade secret policy & keep processes/methods secret amongst employees
 Strong EULA
- Patents
o What can be protected?
 Utility patents
 Processes – methods of interaction between user and game – think Guitar Hero
o Example –
http://www.gamasutra.com/view/feature/2315/its_just_a_game_right_top_.php
 Manufacture – software, but not necessarily data structures and computer programs
 Machines
 Design patents – characters
o How do you protect?
 Utility patents – useful, novel, and non-obviousness – must have not been more than
a year since revealed
 Design patents – ornamental appearance
The information above is for informational purposes only and should not be considered legal advice.
Because each individual’s situation is unique, please consult an attorney.
_____________________________________________________________________________________
Ascentage Law, PLLC One Broadway, 14th Floor, Kendall Square, Cambridge, MA 02142 USA
TEL: +1.617.475.1603 www.ascentagelaw.com FAX: +1.617.401.3706