Existing case law can protect your game IP rights, but only if you set up your cards right. In this presentation James Gatto, CoLeader of Social Media & Games shares 4 IP Issues that can make [or break] your game studio. To watch the talk and Q&A click https://youtu.be/3AMlJYRzawU

1. © Sheppard Mullin Richter & Hampton LLP 2014
4 IP Issues that can make
[or break] your game studio
James Gatto, Co-leader Social Media and Games
jgatto@sheppardmullin.com 202-747-1945

2. IP Protection Process
Own It!
Identify It!
Protect it!
Repeat!

3. Who Invented Facebook?

4. Question
Once you publish a great video game,
what stops others from copying it?
IP Protection!

5. Best Practice #1
OWN IT!
 Patents - Absent an agreement or other legal
obligation, patents are owned by the inventor
 Copyrights – generally owned by the author

6. Best Practice #1
OWN IT!
Founders?
Work for Hire?
Developers?
Publishers?

7. Best Practice #1
OWN IT!
Be careful with the rights you grant
exclusives
right of first refusal
geographical rights
adaptations

8. Best Practice #2
Identify it!
 Games combine
– Interactive, functional aspects
– creative, artistic aspects
 Both types are protectable

9. Best Practice #2
Identify Your IP!
 Patents - Interactive, functional aspects
(Game mechanics, game play methods, hardware,
Processes, graphics generation techniques, UI features
Much more)
 Copyright - creative, artistic aspects (UI and
code)
 Trademark – name/characters

10. Best Practice #3
Protect it!
To maximize protection…
Develop Comprehensive IP Strategy
That protects all types of IP You Generate!

11. Patents
Strongest form of protection for game mechanics
 But you must file for protection!!!
 You have One Year (or less)!

12. Copyrights
You have protection from the time you create the
work…. but get benefits if you promptly file
– attorneys fees
– statutory damages

13. Trademarks
You have protection from the time you use the
work in commerce…. but get benefits if you file
can file intent to use

14. Best Practice # 4
Repeat!
IP Protection is an ongoing process…not a one
time event!

15. Patent Trends - Filings

16. Patent Trends – Litigation

17. Questions?
email me for a free white paper:
IP Protection for Games
James Gatto
Sheppard Mullin
202-747-1945
jgatto@sheppardmullin.com
http://www.sheppardmullin.com/social-media-and-games