Copyrights, trademarks e.t.c. in US and EU.

DanielDoe

Does anyone have any experience with copyright/property law in the US or EU? If you create for example a game titled "Minespawn" is it protected at once or do you have to pay and register it. The same situation for logo and development team name.

The_Gamesalad_Guru

You're team name must be a formal company to be protected you do this by creating an LLC or S corp. a game title as a logo would fall under trademark law and it is very expensive to register a trademark we are talking like $3000 dollars. But when you create something your rights are protected under law but remember you would have to hire a copyright or trademark lawyer to defend them and that is big bucks.. I wouldn't worry about such things until you have a game that makes enough to justify the need to defend the revenue it creates.

DanielDoe

Ok, but If the company is registered in EU, it's name and logo is also protected in US and vice versa?

And how about protection of titles made by ordinary words e.x. "Day of the tentacles" or "Dead space"... you can't protect ordinary words - Dead space can be use during normal convesation, in movies etc. There is nothing special in it... how they protect it?

PBEmpire

hey just curious to know but dont want to create new discussion.
can i use images in google and just save it and use it for game bg? i have modified some pictures but have asked first but it is quite troblesome

MotherHoose

@danielhalat

copyright … intellectual property rights … are in the majority … international
(as most countries are members of the Berne Convention and/or follow the guidelines of TRIPS)

yes, you do own a copyright on your intellectual property from the time of creation
but, you need to let the public know that this is your work
so you should publish the work … on the internet or letterhead or etc.

though the symbols are no longer required …
it is good practice to use them © (option+G) and ™
the ™ (option+2) means that you consider this your trademark
… although it is unregistered
… ® (option+R) means it is registered both for wording and graphic

rather then registering a LLC or Inc … you can use a doing business under an assumed name registration … with your State government … and that is legally valid

you can register a USA copyright online for $35
you can register a group of copyrights in the USA for $65 via mail
USA ©s are covered by the Berne Convention and therefore International

you have to initiate enforcement of your rights
as @FryingBaconStudio points out … that can get expensive!
and, all his advice, as always, is worth following!

@gsrockz123 … take the trouble of asking permission to use other's works
… even if you are making some changes
… you would appreciate requests and recognition for your work
images are copyrighted in their total … and also in visible integral areas
EX: mickey mouse's ears

MH

PBEmpire

my com. Studies teacher showed us how to avoid copyright in his way... So he told us that when u get images from the net, use photoshop and edit it a bit and right ur copyright name at the bottom. Thx for ur reply but sadly I don't live in the states

The_Gamesalad_Guru

Yeah that isn't true you can still get sued if someone takes you to court for using and altering their work and they may not win but it could cost you thousands in legal fees.

PBEmpire

Yeah that isn't true you can still get sued if someone takes you to court for using and altering their work and they may not win but it could cost you thousands in legal fees.

how can they find out? if i alter their work by changing many stuffs like background and style of text etc.

and also is it alright if i take many different images from google image and combine to 1 background using fireworks? or do i risk lawsuit from all the people who made them??

petercoupe

The problem with using someone else's work is that it is is still just plain, simple theft, at the end of the day.
They have put all the work in and you are just using their hard work to make your life easier and save a few dollars / pounds/ euros.
I am an illustrator and cartoonist, and I have successfully pursued action against individuals who believe that a few alterations can magically turn my work into theirs. You may be asked to provide all your original artwork in a courtroom to prove that you did, indeed create it - could you do that?
If not - then consider the following alternatives...
- create your own images.
- pay someone else to do it for you.