Game Development Reference
In-Depth Information
In addition to providing information about what copyrights do and
don't protect, the site also provides information about how to apply for a
copyright.
Understanding how copyrights work is also important so you don't infringe on
the copyrights of others.
pmCs
A “poor man's copyright” (PMC) is no substitute for an actual copyright. For a
PMC, you write out as much information as you can about your idea; include
art, audio, and so on related to the project; seal it in an envelope; and then mail
it to yourself. When you receive it, don't open the envelope. The date stamped on
the envelope by the U.S. Post Office proves when it was sent.
At the outset, this sounds like a cheap and easy way to protect property;
however, PMCs are generally ignored by any court of law and aren't considered
a viable method for protecting original material. I don't recommend that any
designer attempt to protect their work using this method. Adhere to the guide-
lines of the U.S. Copyright office, or seek the advice of an attorney.
Trademarks
A
trademark
is a distinctive sign such as a word, phrase, symbol, or design, or a
combination of words, phrases, symbols, or designs, that identifies and distin-
guishes the product of one party from those of others.
Examples of trademarks can be seen in most AAA titles and lots of indie and
casual games. For the most part, trademarks tend to be found in relation to the
logo or name of a game, or the name or look of a character. Trademarks can be
sought for dialogue too: for example, the manufacturers of
Donkey Kong
sought
to trademark a catchphrase from their game: “It's on like
Donkey Kong
.”
The phrase has been adopted by pop culture and shows up in movies, televi-
sion, and music, and when used is meant to intimidate someone (it was made
popular on rapper Ice Cube's
Predator
album, released in 1992). Nintendo,
which makes
Donkey Kong
, is asserting its right to trademark this phrase,
which originated in its game but has been picked up and used in other media;
holding a trademark would prevent anyone from using the phrase without
Nintendo's specific permission.
