Copyright on a Game

Jet · 01-02-2009, 11:11 AM

I've seen an old game online and there are many sites allowing people to play this game for free online.

I tried searching for the copyright owner of the game but nothing shows up. It seems like a freely available game shown and shared everywhere. There are hundreds of sites allowing surfers to play the game on their sites.

If I wanted to sell a version of this game and use the same name, say on a handheld device or a mobile phone, would there be any restrictions?

Anyone know the law on this?

JH

Josh Anderson · 01-02-2009, 01:39 PM

Quote:

Anyone know the law on this?

There is not just one law on it.

A question of this magnitude crosses many areas of law:

Trademark (the name of the game and company who created it)
Patent
Copyright

So the answer is there is no simple answer to your question.

What you need to do is find the original creator of the game to get verification from them and start searching for possible trademarks, patent, and copyright that can be associated with the game.

It is likely that the copies of the game you see online are knock offs created by coders and shared.

Jet · 01-02-2009, 05:54 PM

How do I find the owner? I tried Google but only the sites which allow you to play the game, show up.

Where do I start?

David Wilkinson · 01-02-2009, 06:00 PM

Dunno about mobile gaming (great market though - got a mate grossing an easy 8 figures in mobile content)...

As far as running online game sites is concerned though, I'd go ahead and rip it straight. I'm no lawyer and don't recommend you take action on anything I say without consulting one or anything, but fricking hell.

If everyone else has gone and done it, chances are the creator wants it distributed. We do it on our arcade sites.

Jet · 01-02-2009, 06:19 PM

Thats what I thought David.

When you search for the game in google, the first 20 results are online games which you can play for free on these sites, such as Tic Tac Toe!

JH

Josh Anderson · 01-02-2009, 06:29 PM

David gave you some really bad advice.

Though you may not be prosecuted... if you are the attorney fees alone just to retain and attorney to defend you will start in the tens of thousands of dollars.

If you are found to be infringing on a copyright the punative damages can be $150k per...

If you are found to be infringing on trademark...

Well you probably get the picture.

Taking the risk is up to you... but just know that there could be significant consequences.

Justin Mandel · 01-02-2009, 07:48 PM

Josh gave a good answer below.

I would go to the USPTO site and do a search under the name of the game for patents and trademarks:
United States Patent and Trademark Office Home Page

Thats one way to start on your own.

Or just hire a lwayer to do the footwork for you.

Quote:

Originally Posted by Josh Anderson

David gave you some really bad advice.

Though you may not be prosecuted... if you are the attorney fees alone just to retain and attorney to defend you will start in the tens of thousands of dollars.

If you are found to be infringing on a copyright the punative damages can be $150k per...

If you are found to be infringing on trademark...

Well you probably get the picture.

Taking the risk is up to you... but just know that there could be significant consequences.

Buster Iversen · 01-02-2009, 08:58 PM

copyright is 50 or 75 years in most countries I think, so chances are the game is still under copyright.

David Wilkinson · 01-03-2009, 06:02 AM

Aye, I agree Josh. But simply put... If the game is being distributed to all sorts of games directories (much like a PAD file for software), then helping it along isn't really bad.

Sure, it has the potential to land you in hot water... But if we played everything by the rules, we'd either be really bored or really poor. Or both.

My 2 cents. Not asking to be flamed.

01-02-2009, 11:11 AM	#1
Jet Advanced Warrior War Room Member Join Date: Jun 2005 Location: London, United Kingdom. Posts: 931 Thanks: 14 Thanked 5 Times in 5 Posts Contact Info	Copyright on a Game I've seen an old game online and there are many sites allowing people to play this game for free online. I tried searching for the copyright owner of the game but nothing shows up. It seems like a freely available game shown and shared everywhere. There are hundreds of sites allowing surfers to play the game on their sites. If I wanted to sell a version of this game and use the same name, say on a handheld device or a mobile phone, would there be any restrictions? Anyone know the law on this? JH

01-02-2009, 05:54 PM	#3
Jet Advanced Warrior War Room Member Join Date: Jun 2005 Location: London, United Kingdom. Posts: 931 Thanks: 14 Thanked 5 Times in 5 Posts Contact Info	Re: Copyright on a Game How do I find the owner? I tried Google but only the sites which allow you to play the game, show up. Where do I start?

01-02-2009, 06:00 PM	#4
David Wilkinson HyperActive Warrior Join Date: Apr 2007 Location: Manchester, UK Posts: 243 Thanks: 6 Thanked 8 Times in 3 Posts Social Networking	Re: Copyright on a Game Dunno about mobile gaming (great market though - got a mate grossing an easy 8 figures in mobile content)... As far as running online game sites is concerned though, I'd go ahead and rip it straight. I'm no lawyer and don't recommend you take action on anything I say without consulting one or anything, but fricking hell. If everyone else has gone and done it, chances are the creator wants it distributed. We do it on our arcade sites.
	Baiting the Warrior Forum since 199... 2006. Maybe 2007. Memory never served me well.

01-02-2009, 06:19 PM	#5
Jet Advanced Warrior War Room Member Join Date: Jun 2005 Location: London, United Kingdom. Posts: 931 Thanks: 14 Thanked 5 Times in 5 Posts Contact Info	Re: Copyright on a Game Thats what I thought David. When you search for the game in google, the first 20 results are online games which you can play for free on these sites, such as Tic Tac Toe! JH

01-02-2009, 06:29 PM	#6
Josh Anderson It's in my Signature :-) War Room Member Join Date: Nov 2003 Location: ID, USA. Posts: 8,754 Blog Entries: 1 Thanks: 248 Thanked 990 Times in 443 Posts Social Networking	Re: Copyright on a Game David gave you some really bad advice. Though you may not be prosecuted... if you are the attorney fees alone just to retain and attorney to defend you will start in the tens of thousands of dollars. If you are found to be infringing on a copyright the punative damages can be $150k per... If you are found to be infringing on trademark... Well you probably get the picture. Taking the risk is up to you... but just know that there could be significant consequences.
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01-02-2009, 08:58 PM	#8
Buster Iversen HyperActive Warrior War Room Member Join Date: Jan 2008 Location: Australia Posts: 131 Thanks: 3 Thanked 2 Times in 2 Posts	Re: Copyright on a Game copyright is 50 or 75 years in most countries I think, so chances are the game is still under copyright.

01-03-2009, 06:02 AM	#9
David Wilkinson HyperActive Warrior Join Date: Apr 2007 Location: Manchester, UK Posts: 243 Thanks: 6 Thanked 8 Times in 3 Posts Social Networking	Re: Copyright on a Game Aye, I agree Josh. But simply put... If the game is being distributed to all sorts of games directories (much like a PAD file for software), then helping it along isn't really bad. Sure, it has the potential to land you in hot water... But if we played everything by the rules, we'd either be really bored or really poor. Or both. My 2 cents. Not asking to be flamed.
	Baiting the Warrior Forum since 199... 2006. Maybe 2007. Memory never served me well.