Hi im very new here. Im working on my idea well aware of how tough this market. I just need direction for what is needed. Does the name of the board game need a TM? Do the rules need to receive copyright? Where to go from there?
copyright, trademark and pitching
Thu, 01/13/2011 - 18:28
Thu, 01/13/2011 - 19:00
#1
I am not a lawyer,
I am not a lawyer, but:
written work (and art) are automatically protected by copyright law. however, this offers no real protection in the game world, as it only protects them exactly as written (and any rule set can be re-written to convey the exact same meaning with different words). a patent offers some protection... assuming you're willing to pay for the lawyers whenever needed, but is expensive just to obtain on top of that. a trademark falls into a similar boat for anything that won't end up in a wal-mart/target/toys r us.
if you are pitching to companies, then THEY would be the ones who would pay for those things IF they felt it necessary (and if you have a patent before approaching them, that's often but not always a turn-off for them since it historically means you don't understand the market and/or are litigious). If you're publishing it yourself, then you need to weigh the probability of getting "ripped off" with the cost of the protection. In general (but again, not always), the cost of protection will far outweigh the likelihood/amount of loss you might incur.
Fri, 01/14/2011 - 00:38
#2
Trademark, copyright, etc...
Obligatory disclaimer: I am not a lawyer. This is not legal advice. I'm not responsible for what you choose to do or not do.
Does the name of the board game need a TM?
Anyone can can toss a "TM" on a logo/title for free. "TM" indicates an unregistered trademark (see: http://en.wikipedia.org/wiki/Unregistered_trademark ). However, you don't get a whole lot of protection from an unregistered trademark, and it may even be off-putting to publishers you pitch it to. Why? That's a tricky thing to explain, and largely based on my opinions; in short: Publishers don't want to get involved with someone likely to accuse them of "stealing" their ideas. The "TM" is a piece of legal-ish stuff that could trip little alarms in a publisher's head.
Yeah, it sounds wacky. Perhaps it is.
Incidentally, the "R" in a circle is for registered trademarks. That costs money to get, requires paperwork, and provides real legal protection.
Do the rules need to receive copyright?
Not really. They're already protected by copyright. Remember to put a proper statement of copyright on your rules and other game elements.
Where to go from there?
Assuming that you've blind playested the heck out of your game, and the components and rules are as perfect as you can get 'em, then the next step is to get it in front of publishers:• The BGDF has a good list of publishers that accept unsolicited submissions.
• Game conventions and game design conventions are a great place to meet with publishers.
• Jay Cormier had great success with creating one-page "sell sheets" for the games he pitches, like the sell sheets that publishers use to sell the games they're really publishing.
• Make a nice prototype and take nice, compelling pictures of it.
• Consider making a short "pitch film" that you can link to in emails you send out.
• Consider making a short tutorial film that can act as your proxy to explain how to play the game.
...there's plenty more to suggest, but that's enough for now. I wish you the best of luck!
Fri, 01/14/2011 - 14:22
#4
yes. if your game hasn't
yes. if your game hasn't already been playtested then you're a far way from worrying about intellectual property protection ;)
and in general, pitching without a prototype is not the way to approach it at all, and submitting a game that's obviously unplaytested is even worse (as it may get you ignored by the company in future). there are very few exceptions, and they generally involve a lot of moving parts ;)
Thu, 08/25/2011 - 15:07
#5
Little late but figured I ask
So let me get this straight...
Board games are automatically covered under copyright laws? How do you file for a copyright? I might have missed that while reading the thread.
Cheers,
Eric
Thu, 08/25/2011 - 15:57
#6
alvae64 wrote:So let me get
So let me get this straight...
Board games are automatically covered under copyright laws? How do you file for a copyright? I might have missed that while reading the thread.
Cheers,
Eric
http://www.copyright.gov/fls/fl108.html
also see this
Thu, 08/25/2011 - 19:28
#7
Huge thanks!
Thanks for the reference. This helps immensely.
Cheers,
Eric
I appreciate all that help - one other thing I live in the Uk do you think that affects the way in which I should proceed with my game and who I should approach? From what I have researched I have concluded that trying to self publish would be very difficult and so pitching the idea seems best option.
My game may be viewed as a gamble because there are only a couple of games like it both of which seemed to have flopped but mine takes on a different concept. I'm struggling with whether or not to pursue this road - im generally a realist in what I do. Is it worth making some form of an amateur prototype to demonstrate it for ptiching as well as playtesting?