Legal questions about copyright/trademark/whatever
(Edit 2: okay, no longer sorry, the FAQ doesn't answer my question and the only link in it that might be related is a 404)
Hi, sorry if this comes off as incoherent, I was up all night working and could really use some shuteye.
IANAL, or a game dev, so I don't know how the legal stuff works. Let's say I come up with a great storyline, general design, and what I think is a killer title, the kind someone might be inclined to "borrow" if I'm not protected. Now, I really don't care if someone steals ideas from me. Imitation, flattery, and all that. Plus, I like my ideas, generally speaking, so I wouldn't mind seeing them realized, even if it's not me doing the realizing. I digress; I'm just trying to say that I'm not uptight about this kind of stuff, much less think anyone actually wants to swipe my ideas.
But I don't want to find out that I can't use my own ideas because someone used them first, either.
So, how would I "register" my work so I have it on record that it's original and not "derivative," to use the legalese.
Or, what if I come up with a title independently, only to find out its been used, but in an otherwise unrelated work (including video games)? The more I think about it, the more I suspect this could be the case - it's not a terribly original name, just an apt/catchy one.
The name of the game and the characters are not copyrightable -- those would be subject to trademark instead.
You say one of the FAQ links is broken? Care to say which one?
-- Tom Sloper -- sloperama.com
Noticed that
http://archive.gamedev.net/reference/articles/article1985.asp
and
http://underdevelopmentlaw.com/clone-games-and-fan-games-legal-issues/
are broken ... so I did not find what I was looking for, either.
Basically the whole question: Q. What is the difference between Copyright, Trademark and Patent?
is arguably not answered at all right, right now.
Found the archived Gamedev article under a different URL, though:
Part I is there:
Given enough eyeballs, all mysteries are shallow.
The underdevelopmentlaw website has been redesigned. I'm sure that article is still there somewhere. Until I find it, here's another: http://www.intelaw.com/pages/thb/articles/gamearticle2.htm
[Edit] Um, well, actually, underdevelopmentlaw is down completely. I don't know if the articles are going to be posted somewhere else or not. Anyone who wants to see those old articles could try the waybackmachine.
-- Tom Sloper -- sloperama.com