Hello everyone, this is my first topic in the forum, I'm new over here and just trying to know how to post and to interact with the forum.
If I have a game idea and would like to commercialize it, for example post it on steam, is there any licensing or patent that I can protect intellectual property from copyrighting? I'm sorry if this is not the place or something else, it is just a genuine doubt of mine.
You can copyright the game if you want; most games get copyrighted. “copyright” in this sense is saying “I made this, you can’t make a copy without my permission”. Of course, if someone does copy it without your permission, you need to (a) realize, and (b) do something about it; there’s no automatic enforcement.
Part of the question here is what you’re trying to protect. If you’re trying to protect the game you make, that’s relatively straightforward. If you’re trying to protect the idea of the game (so nobody can clone it), you’re in far more dubious territory. I strongly advise not trying to protect the idea of the game.
When you put it up a game on steam for multiple regions not only do you need to know how your own legal systems works, you have to know the offenders legal systems to even enforce either your copyright or intellectual property.
It is a very complicated topic that a Lawyer specific for game markets would know best.
From my limited knowledge of copyright I know that you cannot copyright a general idea such as a RPG or FPS. You can copyright written code, art, music, your specific story, etc.
Ideas are generally not considered intellectual property, only actual manifestations of ideas are. So you can have a copyright on a piece of text, a piece of code or an image.
Under civilized legal systems, if you create a piece of intellectual property, you automatically become its owner without any additional legal actions. So if someone steals it from you, and you can prove in the court that you’ve created it - you win.
The hard part of making games is not making games, or getting (great) ideas.
It’s finishing the game. And it being that good you’d spend actual money defending it in an IP case.
As has been said, in many countries, Copyright is automatic but enforcement is up to the copyright holder. Authorities rarely get involved without a complaint by a very rich IP holder with a lot of socio-economic clout.
That’s why games have and keep trying (and failing) to mitigate piracy with copy protection.
Have ideas, and make them reality. With limited time, ressources, etc. don’t worry about stuff you’ll only have to worry with commerical success, if then. (Generally speaking)
Thanks! I see that I can copyright the specifics of what I have developed. I just want to gather this general knowledge when I get to the point of releasing something
It’s a bit unclear what you mean here. Do you mean, can you protect YOUR intellectual property or protect yourself from claims towards you?
For your intellectual property (IP): Brazil as well as many other countries Steam operates in have signed the TRIPS and Berne Convention. This means, your artistic work is automatically protected and you can enforce this right upon others. For this you will need a lawyer and proof, though. I would not care too much about this if you don’t create a whole new universe of characters, story and so on.
There is the option for a patent, too. But those are expensive, are generally frowned upon and also also just are of use, if you can actually enforce them.
Look up those treaties/laws and you will be fine.
In case it’s about you not being prosecuted by third parties: read all licenses of the stuff you use, apply those and don’t steal stuff. Also having a company with a limited liability helps.