I am interested in releasing some of my own indie games to the world, but want to make sure I retain ownership of the name, game, art, music, logos, etc. I am also considering starting a brandname - basically the name of the website where I will distribute the games. I'm giving the stuff away for free initially, so I don't plan on starting a company or anything like that. What do I have to do to ensure I retain the rights to those things mentioned above? If I release a few games under my so-called brandname, can somebody else come along and start a company under the same name, effectively stealing the brand? If anybody can point to any resources on this topic I would appreciate it. Shaun [edited by - moho on September 5, 2002 8:39:26 AM]

In most countries, anything you create is automatically copyrighted by you.

Brand names must be registered to be yours.

Now, legal matters: you own the copyright to everything u create, but if someone rips u off, and u dont have the copyright registered, it will be difficult to prove u are the real owner of the copyright (and no, self mailed envelopes dont work)

Anyone can use the name u use for a company (or other) if u dont register it. U can apply for a service mark, which is free and holds ur name as ur for 2 years, and after those 2 years u can either trademark it or leave it.

Company names are also a bit diferent, depending where u live. Some countries dont allow some names, others dont allow them to be teh same as any trademarked name (even if it is a product name). You will also need to check with whoever does the company registration in ur country to see if the name is being used by a business already!

quote: Original post by Moho
I am interested in releasing some of my own indie games to the world, but want to make sure I retain ownership of the name, game, art, music, logos, etc.

>You have two separate issues here. Retaining ownership of IP (intellectual property) and starting a brand name.

With respect to ownership of the IP, you have to copyright it. I use three ways, one, file the right form from the library of congress: http://www.copyright.gov/circs/circ1.html#af or you can do it online also: www.copyright.gov/forms

Two, get the first copy of everything into the hands of an atty you trust with experience in IP law, with a letter claiming authorship detailing when you thought it up, what constitutes it''s major design components, and any other details demonstrating that you came up with it. Get that into the atty just after registering the copyright, and include copies of the Copyright Office registrations of copyright you recieve in the return mail.
Three, create living copyright in somebody who you can trust, but has no vested interest in your business, such as an older person in a completely different profession. I use my dentist, for example, who would never compete in the writing business against me. I also choose others in unrelated areas from mine. Taking them out to dinner or lunch, telling them you want them to remember as living copyright the idea you are about to tell them, and then after they agree, tell them.

Send them a follow up e-mail with the details you''d related, and ask them to reply if they remember clearly everything you had said at the meeting. Print out and backup the reply e-mail. A witness is worth ten pieces of paper.

You may think this is going a bit far, but then, as business slowly dwindles, ideas are going to be more and more valueable, so thefts of IP will also rise.

The last thing you should know is that when somebody asks you about what you are doing, qualify their interest. When somebody asks me what I am writing about, if I don''t know them (say we are at a writer''s or filmmaker''s conference) I always say, "Are you a producer or director interested in producing a film, or buying/optioning a script?" If they say no, then they don''t get much. If they say yes, I qualify them further, like, "What titles in what genres have your produced in the last two years from what studio, and what is your relationship or title with them?" If their reply is not something I can make a contribution to with my work, I respectfully tell them so. At least they will never know if you''ve heard they are losers, and you have given them reasonable consideration. Never give anything away for free, even if you are just beginning. Better to charge something, even two dollars, just so you won''t drive the price down for working professionals who have been trying to keep prices up to living standards for years, all the while fighting the rationale, "I can get somebody hungry to do it for free."

This may seem all like a bit much, but I deal in LA a lot, and loose lips, and lack of valuing your work, sink ships.

I am also considering starting a brandname - basically the name of the website where I will distribute the games. I''m giving the stuff away for free initially, so I don''t plan on starting a company or anything like that.

>A brandname is the most important part of a business, it''s what it becomes known and trusted by in the buying public and the profession it works in. You might as well copyright these branding items as well, and spend the pittance it costs to get a proprietorship business license in your home town. It''s what you would have to do eventually if you made it anyway, right? So why wait? It ain''t _that_ expensive, and, it will help you network as a more credible professional.

What do I have to do to ensure I retain the rights to those things mentioned above?

If I release a few games under my so-called brandname, can somebody else come along and start a company under the same name, effectively stealing the brand?

Depends on whether or not you cover yourself properly, by establishing and defending vigorously, mostly through protections brought about by the prudent practice of qualifying interest, your company and brand.

If anybody can point to any resources on this topic I would appreciate it.

Shaun

[edited by - moho on September 5, 2002 8:39:26 AM]

You automatically have copyright in your stuff, as well as the ownership of any trademarks you use, assuming your stuff does not infringe on other people''s copyrights/trademarks, but if it''s really important, you can spend money to register your copyright/trademarks, but if you''re not selling your game for money, I wouldn''t recommend it...just write your game to a CD and that should be enough proof. Unfortunately, true protection and the ability to prosecute infringement requires lawyers and stuff.

There''s an article about this on the IGDA homepage...www.igda.org.

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