• Announcements

    • khawk

      Download the Game Design and Indie Game Marketing Freebook   07/19/17

      GameDev.net and CRC Press have teamed up to bring a free ebook of content curated from top titles published by CRC Press. The freebook, Practices of Game Design & Indie Game Marketing, includes chapters from The Art of Game Design: A Book of Lenses, A Practical Guide to Indie Game Marketing, and An Architectural Approach to Level Design. The GameDev.net FreeBook is relevant to game designers, developers, and those interested in learning more about the challenges in game development. We know game development can be a tough discipline and business, so we picked several chapters from CRC Press titles that we thought would be of interest to you, the GameDev.net audience, in your journey to design, develop, and market your next game. The free ebook is available through CRC Press by clicking here. The Curated Books The Art of Game Design: A Book of Lenses, Second Edition, by Jesse Schell Presents 100+ sets of questions, or different lenses, for viewing a game’s design, encompassing diverse fields such as psychology, architecture, music, film, software engineering, theme park design, mathematics, anthropology, and more. Written by one of the world's top game designers, this book describes the deepest and most fundamental principles of game design, demonstrating how tactics used in board, card, and athletic games also work in video games. It provides practical instruction on creating world-class games that will be played again and again. View it here. A Practical Guide to Indie Game Marketing, by Joel Dreskin Marketing is an essential but too frequently overlooked or minimized component of the release plan for indie games. A Practical Guide to Indie Game Marketing provides you with the tools needed to build visibility and sell your indie games. With special focus on those developers with small budgets and limited staff and resources, this book is packed with tangible recommendations and techniques that you can put to use immediately. As a seasoned professional of the indie game arena, author Joel Dreskin gives you insight into practical, real-world experiences of marketing numerous successful games and also provides stories of the failures. View it here. An Architectural Approach to Level Design This is one of the first books to integrate architectural and spatial design theory with the field of level design. The book presents architectural techniques and theories for level designers to use in their own work. It connects architecture and level design in different ways that address the practical elements of how designers construct space and the experiential elements of how and why humans interact with this space. Throughout the text, readers learn skills for spatial layout, evoking emotion through gamespaces, and creating better levels through architectural theory. View it here. Learn more and download the ebook by clicking here. Did you know? GameDev.net and CRC Press also recently teamed up to bring GDNet+ Members up to a 20% discount on all CRC Press books. Learn more about this and other benefits here.
Sign in to follow this  
Followers 0
Elfblood

Name your Game...what is copyrighted and what not ?

5 posts in this topic

Hi,

 

Iam at the point of Gamedevelopement where I must decide how to name it. Working Title just doesnt do it anymore.

Sounds easy...but everything that fits the Game is already taken.

 

My favorite Name is already taken from another very small Indiegame. (this one is Freeware and Opensource, if it matters)

 

I have lots of alternatives, but every single one has been used, from CCC- to AAA Game Titles. ^^

The Game will not be Freeware if this matters..

 

So...here are my Questions.

 

1. How do I know if a Title is Copyrighted, or is every Gametitle automagical "reserved" ? I have no clue about this stuff...

 

2. Can I reuse the Name of an very old Game and add something to it, to show its inspired from this Game ? Example. Could I make a "Dungeonmaster Tactics", inspired from the 90er Title Dungeonmaster ?

 

3. There are some good sources I could read about this topic ?

 

 

Thx for answers ;)

Edited by Elfblood
0

Share this post


Link to post
Share on other sites

a. Name your Game...what is copyrighted and what not ?
b. My favorite Name is already taken from another very small Indiegame. (this one is Freeware and Opensource, if it matters)
c. I have lots of alternatives, but every single one has been used, from CCC- to AAA Game Titles. ^^
d. The Game will not be Freeware if this matters..
1. How do I know if a Title is Copyrighted, or is every Gametitle automagical "reserved" ?
e. I have no clue about this stuff...
2. Can I reuse the Name of an very old Game and add something to it, to show its inspired from this Game ? Example. Could I make a "Dungeonmaster Tactics", inspired from the 90er Title Dungeonmaster ?
3. There are some good sources I could read about this topic ?

a. Not game titles. Game titles are trademarked, not copyrighted.
b. It doesn't.
c. Then come up with more.
d. It doesn't.
1. Is trademark automatic? I don't know, but you shouldn't use a name that's already been used.
e. Then get clues. Google trademark and copyright. Read a lot. Or hire a lawyer.
2. No.
3. Yes, a LOT.
http://lmgtfy.com/?q=trademark+copyright

0

Share this post


Link to post
Share on other sites

Thx for reply.

 

Sorry I got confused with Copyright and Trademark, english is not my mothertongue.

 

In fact I did read alot, and I know google...but its seems this is a much more complicated field I thought. I have read walls of Text but at the End I still had no clue. Isnt there a "Law for Dummys" out there ^^ ?

 

How to be sure to not get sued later on. I cant just type the Name in google, and if there are no results then everything is fine I think..

Edited by Elfblood
1

Share this post


Link to post
Share on other sites

1. I have read walls of Text but at the End I still had no clue.
2. Isnt there a "Law for Dummys" out there ^^ ?
3. How to be sure to not get sued later on. I cant just type the Name in google, and if there are no results then everything is fine I think..

1. Then read more walls, until you find one that gives you a clue.
2. Yes. Google "copyright trademark for dummies"
3. Hire a lawyer.

0

Share this post


Link to post
Share on other sites
Maybe giving the actual names would help give context (maybe people might help with suggestions, too!).

I mean "Dungeon master" is a widely used term in RPGs. That's not to say that generic terms can't be trademarked, but it also doesn't mean you can't use any words that anyone else has ever used. http://en.wikipedia.org/wiki/Dungeon_Master_(disambiguation) suggests the name has been used in many works, including 4 computer games, and several other commercial works (not that this means one of these people couldn't sue one of the others...).

Sadly there aren't really absolute answers people can give. You can't be certain of not being sued, because someone can do so for any reason :/
0

Share this post


Link to post
Share on other sites

The "Dungeon Master" example is a good example of how dangerous it can be to reuse a name, though. And no, I really wouldn't recommend such a thing.

 

To begin with, there's a (TM) on FTL's original box as well on the Chaos Strikes Back box, which marks the name as an unregistered trademark in the USA. This allows them to sue you, even if they didn't (R) the title as a mark. You can register a mark, it just isn't strictly necessary for its validity (the Star Trek franchise has registered trade marks for ridiculous things like the letter "Q").

 

Further, in the UK you could even enforce the trademark without the (TM) if you have prominently used it previously, based on the "passing off tort".

 

Lastly, "Dungeon Master" is a registered word mark in the EU for Nice classes 9, 16, 25, 28, and 41. This includes photographic and cinematographic apparel, DVDs and similar, anything electronic, anything made from paper or cardboard, clothing, footwear, headgear, games, sport articles, and entertainment services.

This includes not only the possibility to sue you (civil action) but infringing the mark is also criminal conduct, and it further includes "liability for disturbance" which means that someone selling your trademark-infringing goods, is committing a felony, too (see Rolex vs. Ricardo).

 

What is truly funny is that the exact same word mark is registered concurrently by two companies, one being Wizards of the Coast (makers of D&D, 010328466), the other being Jagex (makers or Runescape, 009271008). So basically, unless Jagex challenges WotC's trade mark (which came 1 1/2 years after theirs), there are two companies who could sue you for the same word (and WotC is well-known for actually doing that, too).

Edited by samoth
0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0