The Copyright Dilemma - On Trademarks, Copyrights, and Patents - Extra Credits

Trademark and copyright play important roles in the gaming industry. The need to defend trademarks has spurred many companies to undertake unpopular lawsuits. On the other hand, attempts to copyright or patent game designs have been rejected, which allows developers to incorporate new ideas into their own work but leaves them unprotected from clone games. (---More below) _________ Subscribe for new episodes every Wednesday! http://bit.ly/SubToEC Get your Extra Credits gear at the store! http://bit.ly/ExtraStore Play games with us on Extra Play! http://bit.ly/WatchEXP Watch more episodes from this season of Extra Credits! http://bit.ly/1GwiJWQ Talk to us on Twitter (@ExtraCreditz): http://bit.ly/ECTweet Follow us on Facebook: http://bit.ly/ECFBPage Get our list of recommended games on Steam: http://bit.ly/ECCurator ___________ Trademark, copyrights, and even patents may seem like esoteric legal principles, but the impact they have on the games industry is profound. A trademark, for example, must be 1) unique 2) in active use and 3) defended from rival use. That third requirement has spurred many unpopular legal battles such as the lawsuit between Bethesda and Mojang over the use of the word "Scrolls." Though ultimately rejected, Bethesda feared that if they did not defend their trademark for Elder Scrolls, it would be used against them to remove their trademark. Meanwhile, copyright is a protection given to the creator of an artistic work to secure their sole distribution rights. You can copyright a game, but you can't copyright (or patent) its mechanics. Some - like Nintendo and Wizards of the Coast - have tried, but those have generally failed to hold up in court or have simply been skirted by other companies who use a different name for the same game type (see: trading card game vs. collectible card game). In general, the inability to protect specific game design has been good for the industry, allowing new ideas to spread and be used or even improved in other games. But it has a nasty downside: it allows unscrupulous developers to clone games with nothing more than aesthetic changes, either tapping to or outright stealing the market from the original game (example: Threes vs 2048). ___________ Would you like James to speak at your school or organization? For info, contact us at: soraya[at]extra-credits[dot]net ___________ ♪ Get the intro music here! http://bit.ly/1eIHTDS ♪ Get the outro music here! http://bit.ly/1X1hQ3w