International Game Developers Association

IP in Game Design

In order to set the scene it's important to first define 'Game Design' in this context. Game Design is the art and science of creating the game itself. Not the code or the graphics, but the ideas, stories, worlds, characters, gameplay mechanics and so on. It is the stuff that goes in a design document.

The first thing to note is that your game design is copyrighted by virtue of being simply written down. Of course it is good to take steps to ensure that the copyright is recognisable by saving the document and printing it with the appropriate copyright symbols or text.

The next thing to discuss is when you can claim something as original intellectual property. You could argue that almost everything has already been thought of and the term "original" is questionable. You and I may have the same thought at the same time. To each of us it is an original idea and we would each want to claim it as our own intellectual property. If however, you write your thought down (thus earning a copyright), and I don't, then you get to claim the intellectual property and I can say only 'I thought of that, too!' Many others have likely had an idea that is very similar to yours. If you make a game that has Orcs and Elves in it, is it an original idea that can be claimed as intellectual property? The term "original" has a very loose definition in copyright law. So many different and yet similar "original" ideas can all earn their own copyrights, thus protecting your intellectual property.

So what can you claim as intellectual property then? Can you claim plots, storylines, characters and settings as intellectual property? In general the answer is yes, as long as your particular plot, storyline, character, etc, is not so similar to somebody else's work that a reader would easily be confused as to which is which. If I make a game that involves a secret agent, set in today's world, named Sam Fisher, I would likely have a problem because those elements were already used in the game Splinter Cell. I can make a game like Splinter Cell if I want, as long as it isn't identical to or substantially the same as Splinter Cell itself.

In today's game design world many people practice the art of S&M. Not that one!! Stealing and modifying although some prefer 'borrowing and adjusting' or 'using and tweaking' or 'derivative.' You take the best ideas from some other game and you change them around the way you like. Is this new product your own intellectual property? As long as you changed things enough, probably. Think about the game pitch where you say "It is like Starcraft, only better." How much like Starcraft is it? If you have 3 races that are just like Starcraft's, you might have a problem claiming intellectual property. If however, you say it's like Starcraft because it's an RTS game, set somewhere in space, in the future, with 3 races, but significantly different then maybe you are ok.

Many times it isn't the content that is worthy of an intellectual property claim, but instead the way in which the content is used within the game. Take a look at Battlefield 1942 for example. It is set in our real history. Nobody can claim that the story of World War II is their intellectual property, nor the battles or locations where they took place. But BF1942 clearly has some intellectual property in it, notably the way in which things are presented to the player including all the graphics, sounds, and controls.

The most important thing is to avoid plagiarism. One must avoid any outright stealing of other's work. It is not to fair to them and you would likely find yourself in trouble eventually. You should also be mindful of giving credit to others where due, although that does not allow you to use their copyrighted property without permission. Even if you were only inspired by someone else's work then consider giving them some credit.