A very important question: how do you copyright?

[j2graves]

Just how do you copyright or trademark games or characters anyway? I need to know, or I won't post any demos!

[pixelpoop]

Anything you do that can be considered original and creative is automatically the copyright of the creator. The difficult part is being able to prove when you created the original material and that what is created is original enough to be copyrighted. The best way to copyright something may be to publish it and don't forget to put your copyright info on it. I think the government may also have a service that some how proves the date and ownership of your material, but this doesn't compare your creation against anything else. Battles over copyrights can be long and expensive.

A Trademark is something a little different. It provides better protection in court cases against people ripping off your creations. When you apply for a Trademark the government compares your creation against everything else and then gives a sort-of certification that what you have is original enough. This process costs a whole bunch of money (I think it may be around 2,000 USD) but considerably shortens any legal battles that may come up.

Copyrights and Trademarks can get very confusing even to the people who spending their whole lives studying its laws, especially when you start talking international copyright laws.

[Fuzzy]

A trade mark is just a symbol, like that used by coca cola, or the logo of a sports team. Its not really applicable to game making.

A copyright refers to intellectual material, such as raw code or a song. Its more of an idea than an object. Pixelpoop explained it pretty well.

A Patent is like a registered process or an invention. For example, there would be a patent on the chair you are sitting in. Its a plan that describes how to do something, or how something is made. Its registered with your government, and any other governments you wish to register with. It can be quite expensive, and even more so with software, as a search and application must be made.

The thing with a patent is that anyone can then look it up and see how it is done; maybe even copy you. But then you could sue them. So often companies will not bother. For example, the intel chips are not patented as far as i know, so that someone in some far off country doesnt make cheap copies. A patent is only enforcible in the countries it was registered in.

Here is an example. Sonic the hedgehog is a game that is copyright to the author(not the company, no matter what they claim, though they may have a contract that grants them exclusive use). The image of sonic is also copyright to the person that designed it.

The image of sonic was trademarked because it has value. If you put an image of sonic on a shoe, it adds value.

The console that Sonic is played on has a patent. Its something that exists in the real world, and could be pulled apart, examined and copied, so it makes sense to register it to protect the company that designed it. However, parts of it may not be patented for several reasons.

Some of those reasons are that they wish to keep secrets(like the ingredients of coca cola), or that someone else holds a patent on it, and they have bought licencing rights. Other things cannot be patented, like the wiring. A wire is too simple in design to patent.

copyright ----> free
trademark ----> costs money
Patent ----> can cost a lot of money(and you still dont get granted a patent in some cases)

[j2graves]

I realize it is a complicated and sometimes expensive goal, but I do wish I could know how to copyright or trademark a character's appearance, name, game, game name etc. in a way that It would be safe to post images and demos I have made up. I have read your posts, and if there is something that you said that you think I didn't understand, please let me know.

[j2graves]

please

[Fuzzy]

Neither a copyright nor a trade mark would spare you the expense of having to sue someone that infringes on those. Sometimes the threat is enough, but... they have to take you serious.

I feel its not worth the effort for a game maker that is starting out.

[j2graves]

well since no one told me, I looked for myself and this is what I found.

http://www.copyright.gov/forms/

[Spidy]

r u copy right your game or char??

[j2graves]

yeah that's the idea.

[Spidy]

ohhh its possible

[j2graves]

yeah

[Spidy]

OK