Hi

I have a few questions which I haven't found the answers to in previous posts on this forum. I was wondering if someone could help me:

1. If I make my own game from scratch, creating my own game engine, graphic models, and sound; would I have to copyright all the custom content (graphics and sound) and the game engine or just the game itself?

2. If I have content within the game, let's say a car wash and the name of the car wash was called 'Washy'. Plus I put a really cool and catchy moto to it so when the player goes to the car wash it feels and seemed like a normal car wash in the real world. Now in the real world, is there anyway to protect myself from someone making a company with the same name and moto as the content in the game and then sue me for using that name and moto in my game without permission (even though originally it was mine) to get quick buck$?

3. If I wanted to trademark the name of my game internationally, how would I go about this?


Please help me find out the answers to these mind boggling questions i've been searching for ages without any success

Cheers

1. No, you don't have to.
2. Two answers: (1) No. (2) Ask a lawyer.
3. You could go to uspto.gov and read, or you could Google "how to trademark." Also definitely you should Google "the Berne Convention" and discover that you can trademark in just one country, and it's valid in all Berne signatories.

1. If I make my own game from scratch, creating my own game engine, graphic models, and sound; would I have to copyright all the custom content (graphics and sound) and the game engine or just the game itself?

You automatically own the copyright on all original works that you create.

You only need to register the copyright if you are going to take legal action, such as suing copyright infringers.

A game would generally be registered as a single work as a whole. Your lawyer will help work out any details.

2. If I have content within the game, let's say a car wash and the name of the car wash was called 'Washy'. Plus I put a really cool and catchy moto to it so when the player goes to the car wash it feels and seemed like a normal car wash in the real world. Now in the real world, is there anyway to protect myself from someone making a company with the same name and moto as the content in the game and then sue me for using that name and moto in my game without permission (even though originally it was mine) to get quick buck$?[/quote]
That would be a trademark. When you use a name in trade, such as a name or motto, you can get trademark protection.

Trademarks have varying "strength" based on many factors like the novelty of the mark, and how many people recognize it, and how you use it. Titles like "Word" and "Visa" are inherently weak descriptive terms until they build up a huge market. "Washy" would be a fairly weak term. An in-game item is not a prominent mark, making it extremely weak as well.

You could certainly attempt to trademark that type of in-game object, but unless that mark features prominently in the game, such as the name of a major character, the protections will be minimal; anyone with a greater claim on the mark could likely use it without much difficulty.

Similar to copyright, you get automatic trademark protections when you actually transact business using that mark, but you need to register it if you intend to sue or take other legal action.


Your lawyer can explain the nuance, including the levels of protection based on the exact details of the terms you want to protect.

3. If I wanted to trademark the name of my game internationally, how would I go about this?[/quote]
You get automatic protections in most countries that matter, and like above, you only need to register the marks if you intend to take legal action.

You also discuss it with your lawyer. Is your product really one that you are willing to expend the money on an international lawsuit for a trademark dispute?

1. You don't have to do anything. You automatically get copyright protection when the game is finished or published. You can register your copyright, which makes it easier to sue for infringement, however suing costs a lot of money so if you don't have the money to sue it's not really worth the money to register.

2. No, someone can not sue you because they started using an idea you came up with (and used first). That would be stupid. Copyright protects creative works and it would be a breach of your copyright for someone to take something you created and turn it into a commercial venture. It may also be considered "passing off" which is when someone misleads customers into thinking that something is licensed from or in some way endorsed by the original creator.

3. You would start off by registering the trademark (or getting a trademark attorney to do it for you) in your home country then apply for international extensions once the original is granted.

Obviously if your game is a huge hit like Minecraft then it would become worthwhile to register the copyright and trademarks. Unfortunately few indie games are that successful so it may never be worth while spending the money.