Does my dad need to protect his Intellctual Property rights?

May 14, 2006 3:52 PM

My Dad sells computer games on the Internet as a hobby. He has done nothing to protect his intellectual property rights other than placing a copyright notice on an "About" screen. He thinks Nintendo might like one of his game ideas and would like to contact them about it. Should he be concerned about protecting his IP rights before contacting Nintendo or is it too late?

Another question:

My Dad has an idea for a computer puzzle game inspired by another puzzle
game he has seen. The original game has a copyright notice, but does not seem to have any patents. My Dad's game would not look at all like the original game, but would use a similar concept for the puzzle (find images that meet certain criteria). How can he tell if his game idea is different enough from the original idea that it would not be violating intellectual property rights?

posted by lizjohn to law & government (13 comments total)

I don't know much about the first question but as for the second...

There's nothing in copyright or trademark to prevent you from making clone games. It's very common actually. I'd just go for it.

I mean, think about how astonishinly similar all shooters are. Or all platform games. I was just playing a game from popcap.com called Zuma that is a direct copy of an old PC game. The name of the original escapes me right now though.
posted by joegester at 4:04 PM on May 14, 2006

(the following assumes your father is in the US):

In terms of copyright, your father doesn't have to do anything to be protected, copyright protection is automatic. The 1976 Copyright Act grants copyright protection (life of the author + 70 years, currently, I think) automatically to anything that is recorded in a tangible medium. This includes computer code.

However, your father may want more protection. One example is trademarking the titles of the games. In order to do this, your father must register the mark with the US Trademark Office.
posted by thewittyname at 4:05 PM on May 14, 2006

To protect both himself and Nintendo, your dad should always, always, always speak to his (or an appropriate) lawyer before approaching Nintendo. These things get so ugly so easily.
posted by Dunwitty at 4:14 PM on May 14, 2006

Typically, corporations like Nintendo will refuse to take any suggestions from independent parties simply because they want to make sure they can't be hit up for IP theft.
posted by awesomebrad at 4:23 PM on May 14, 2006

thewittyname is correct that there's no copyright problem, as it is granted automatically. However you father may want to register the copyright anyway because this can effect ability to sue should someone rip him off.

joegester is also correct - your father's work is probably not derivative because he only borrowed the overall concept of the game, and did not steal the actual images used in the other game.

(amusingly, my copyright final is tomorrow. But I'm still not a lawyer and this isn't legal advice.)
posted by falconred at 5:01 PM on May 14, 2006

Definitely register your work. This is also useful, easy, and cheap:

1. Stuff work into envelope.

2. Mail envelope to self via the United States Postal Service.

3. Stick envelope in safe_location without opening it.

USPS postmarks stand up in court. Just be careful not to open the letter/package before you have to present evidence.
posted by Mikey-San at 7:07 PM on May 14, 2006

Sorry Mikey-San but what if someone were to:

1. Mail envelope to self via the United States Postal Service.

2. Stuff work into envelope and seal it.

3. Stick envelope in safe_location without opening it.
posted by Scoo at 7:33 PM on May 14, 2006

I believe Mikey-San's recommendation should be through Registered Mail, where the post office makes an extra anti-tamper effort (the stamp goes across the flap, for instance)
posted by jwadhams at 7:45 PM on May 14, 2006

Typically, corporations like Nintendo will refuse to take any suggestions from independent parties simply because they want to make sure they can't be hit up for IP theft.

Well, obviously nintendo works with third party developers.

Copyright is automatic, and but dosn't protect the actual game idea.

I'm going to suggest something no one else has though, what about patenting the game Idea? Getting a patent is expensive, and I don't think game ideas are patented very often. If a patent were granted, you would be able to go after people who used your idea (and spend a lot more money).

You would definetly need to spend a ton of money, though.
posted by delmoi at 8:11 PM on May 14, 2006

Third party developers are a different thing than unsolicited game ideas.

Usually a developer buys a development kit from Nintendo/Sony for several thousand dollars and signs all kinds of agreements about how they will use it. Then makes their games and Nintendo may or may not help them destribute them.

Third party development is different than sending ideas to a TV show or movie studio or something.
posted by joegester at 9:08 PM on May 14, 2006

What Mikey-San suggests is called the poor-man's copyright, and the US Patent Office makes it seem like a waste of time.
posted by rfordh at 9:13 PM on May 14, 2006

This is a little confusing, as Nintendo is three things in one: a console manufacturer, a game publisher, and a game developer. So, the answer really depends on in what capacity you are attempting to contact them in.

If you are trying to contact them as a game developer, that is, trying to get them to develop your idea into a game, I seriously seriously doubt they would be interested. There is no shortage of video game ideas or designs out there-- what there is a shortage of is developer time/money. As awesomebrad pointed out, most developers will simply not listen to your idea since the liability far outweighs the value.

If you are approaching them as a publisher, that is, you will hand them a game which is fully developed, and they print, market, and sell it, you may get further. How far you get depends on their business plans with regard to outside developers, how credible your company is in terms of reliably delivering a quality product (having it nearly already completed is a good way to help with this), and their faith in the marketability of the game idea. Approaching publishers in this way is pretty standard, and I'm sure there are standard NDAs/etc as part of the process (as always, you should get qualified legal advice.) Unfortunately, you really don't have very much leverage in this situation, as a startup developer, and there are numerous ways they can screw you. Bear in mind that what you're really offering to them that is of-value is the development of the game, not the idea (your ideas, as stated before, are more of a liability than an asset.)

I'm guessing you don't plan to approach them as a console manufacturer, (you'd be the publisher,) since being a publisher is a pretty tall order (a discussion of that would be lengthy.)

So, yeah, if you plan on developing the game, and are looking for a publisher, there are pretty standard NDAs, etc., and you should talk to a lawyer.
posted by blenderfish at 9:19 PM on May 14, 2006

Good game ideas are worth less than a dime a dozen, and no-one wants them. Don't take it to Nintendo if you can't use it yourself, they don't want to know. If, for example, it's something that needs the wii controller, so it can only work with Nintendo, then look into what it takes to develop for the wii, because your choices are really 1. Do it yourself (either in an active sense or a funding sense), or 2. publish it on the internet and hope that maybe it inspires someone to do something similar. (there is no financial gain though)

Publishers are interested in products, and developers have their own designers discarding hundreds of good ideas that will never see the light of a multi-million dollar production budget.
posted by -harlequin- at 12:21 AM on May 15, 2006