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How do I protect my game without ruining myself!

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MattiasA
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Joined: 02/03/2013

Hello,

This is going to be my first time I write here. Its very nice to find this place as I am a game developer and plan to be very successfull with this. I have one game that is fully ready to launch and it has been well playtested. It also works extremely well and been playtested with lot of friends and people they know. Everyone have wanted to continue playing my game. Its a card game and now here is my first question. (More to come)

1. I am about to protect my game as best as I can. Any suggestions on what i should do!

I done LOT of research but not happy enough with the answers I have got so thats why I am here now.

I know that you cant take a pathentory on a game. ok!
I know I can take a design protection. (What is it called in English)? Its mönsterdesign in swedish.

I have contacted a company that do this! I got some good answers from them but now im asking here if anyone know if it is really worth it. I can take one for Europe and it cost a lot. I want to sell my game outside of Europe too. So it would cost a tremendous amount of money. Price is very expensive as it seems. And from what I found out someone can create a very similair game anyway. RIGHT? :)

So my conclusion is that its not good protection enough but it can help!

So do i really need that?
Its lot of different cards, would have to do on each card i would assume too.

Then i can take a copyright i guess, that is what i should do right?
Anyone know how much that normally cost? I will have an answer to this very soon from the company but would be nice to hear from you people on here as well.

Any suggestion on how to approach this is hugely appreciated.

Because before contacting an agent, should I have done the steps above?
I will ahve a non disclosure agreement with me if I meet a game agent.

This is a very very promising game. Im not saying that as the developer but I know the market and think that this if handled right can be a great one for me. Im very excited!

I need to get it going soon! It has been finished now for 2 years.
I even have my own printed version!

So best way to protect my game as much as possible without ruining myself! (Maybe a game company take care of that)?? But i want it to be my game, selling the rights.

Best Regards
Mattias

MattiasA
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Joined: 02/03/2013
And planning on doing the

And planning on doing the trademark for my game of course, but other than this is thats all i should do. Copyright comes with registering the game and then do the trademark. Is this all?

Lofwyr
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Joined: 02/16/2010
The only thing we have to fear.........

First, your English is excellent considering it’s not your native language. However, I am not clear what you meant by “Pathentory”? What would this thing do for you (this would help us narrow down what you meant)?
TO properly protect your title.

Step A) STOP worrying! The chances that someone will swipe your product are very low!

Step B) In America when a book is written we apply for a “Copy Right”. This means that other cannot copy or “plagiarize” our work. I am certain you have something similar in Sweden. Go out and get one, this gives you a “proof of concept”. This will allow you to (in a limited manner) protect yourself.

Step C) GO OUT and get some play-tests done! Accept ANYONE that will play your game and stop being fearful of thieves!

Finally, when you are ready to send it to a company, just send it. Stop worrying about thieves and dishonest folks. I find that most designers waste more time worrying someone will steal their design then they do designing! Go get some testing done, relax, and when it’s ready just box it up and send it. The last person you should worry about stealing your game is a large game company. They won’t, they just won’t.

E

JustActCasual
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The best defense

Actually one of the best things you can do is to make your game information public: being able to definitively prove that you came out with an idea before other people is better than most official legal protections. It is also much easier to sell something if people understand what it is and why they should buy it. Make a website and/or a demonstration video.

Patents are difficult for games unless you have a unique physical mechanic, and even then it is unlikely to be worth your time. Copyrights can protect your rules document, but not the actual game. You can use trademarks to protect certain visual elements of the game like icons or logos.

Really though, people are unlikely to steal your game no matter how good it is. If give 10 designers the same game concept and mechanics you will end up with 10 different games: apart from that, every designer has 10 of their own ideas in their back pocket. Analog gaming design is a relatively small world: no designer or game company wants to be saddled with the reputation of being a thief. One of the nightmares of company designers is actually that they will receive a prototype close to what they are already working on: it's just not worth the hassle to be fighting with people about authorship.

If you're still worried, just make the best possible version of your game: why would anyone want to go up against you with an inferior product?

OdysseyDyse
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Joined: 02/17/2011
protection

Go ahead and publish it in a public forum, such as this. That basically gives you a copyright by proving you had the design at this date.
If you want an official copyright from the U.S. Govt it only cost about $25 and lasts a lifetime and is easy to do.
Dont bother with a design patent. It is difficult to do, cost more than you will ever make off the game and only lasts a few years. But there are a million game ideas out there. Very few are valuable enough, (in money terms) for someone to steal it.
Enjoy your game.

BubbleChucks
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Joined: 06/07/2012
A mönsterdesign is called a

A mönsterdesign is called a 'registered design' in England

http://www.ipo.gov.uk/types/d-cost.htm

http://www.ipo.gov.uk/types/design/d-applying.htm

It offers some protection, but it isnt really suitable for card games. You would only be protecting the "look of the cards" their appearance. Or to be more specific, the artwork. Someone could release a game using the same mechanic (rules and gameplay features) with different artwork and not infringe on the design protection.

Its better for games that have unique physical dimensions and properties, like a rubik cube, a wooden puzzle or some type of dexterity game where the dimensions or shape of the pieces are important to it.

The links given above also provide a lot of information about the other major types of protection available in the UK.

For anyone interested in free protection for a game with unique physical properties, within Europe, the Unregistered Community Design protection is something to look at.

http://www.ipo.gov.uk/types/design/d-applying/d-before/d-needreg.htm

Registered Community Design protection is also available - but it costs

http://oami.europa.eu/ows/rw/pages/RCD/communityDesign.en.do

pelle
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copyright

Others already said all the standard advice about how to not be afraid.

Also living in Sweden I'd like to add the following about copyrights:

Like all countries that have signed the Bern Convention (Sweden since the early 20th century, US since 1987, most other countries in the world too) you get automatic copyright protection the second you create something. I know in the US they still have a system where you can register copyrighted works, but I never heard about any such thing here in Sweden. You simply create your cards, and your rulebook, and copyright is all yours. It is good of course to print "copyright 2013 by (insert name here)" on them just so people know who owns the copyright. As other said, making sure your work is public will ensure that everyone knows it was your artwork/text originally.

Also trademarks do not need to be registered. Just put TM next to your trademark and it is yours. However protection will be much better if you register it (Patent och Registreringsverket in Sweden, I would guess) and that is when you can put a little R in a circle after the trademark (at least that is how it works in the US; I never bothered to read up on how it works exactly here in Sweden).

Nothing will protect you from similar games anyway. Not likely to be your biggest problem though. You need to get the game out and playtested by people that do not know you or your friends. If this is your first game, I must tell you that odds are not that good that it actually will be as great as you think. Focus on it like a fun project and a learning experience and don't get upset if publishers will turn your first few games down no matter how great they seem to you. Don't waste money on artwork or rules layout, that the publisher is likely to redo anyway before the game is ready.

And if you are going to Lincon this spring to demo your game, let me know. :)

lewpuls
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Patents are (in the USA)

Patents are (in the USA) prohibitively expensive to obtain, and even more expensive to defend. And only protect a particular expression of an idea in a product.

In the USA, game ideas cannot be copyrighted.

There is no protection. I'm afraid the idea that making it public will help protect it is true only psychologically, not legally. That is, if it's known someone has pretty closely copied your game (since yours is public) they will offend the community, but it will not be illegal.

(Stratego is an almost exact copy of L'Attaque, though legal, and that hasn't put anyone off, even though L'Attaque was in print in the UK until the 80s (from 1909).)

truekid games
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While lewpuls' point about

While lewpuls' point about L'Attaque being the predecessor of Stratego is a bit misleading (since L'Attaque DID have a patent, and the patent ran out literally over a century ago, and Stratego wasn't made until 35 years or so after that), the point is good that the only real protection is in the social constructs around the hobby.

Don't waste money on a patent, even if you're awarded a patent, most get thrown out in court based on prior use anyway. The understanding of game design by the layman is not high enough for any normal court to grasp what is and is not an original characteristic. Even the average non-layman doesn't have a solid enough grounding in it, to be honest.

MattiasA
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Joined: 02/03/2013
Thanks to everyone that has

Thanks to everyone that has commented!

First I would like to say that my game IS unique and it will be a best seller. lol Well everyone that create games would say so. But this i know but cant reveal any detail for the game. I also know that people will as soon as it goes public make a similair game because it already has a big sell factor.

I have playtested this game with lot of people I do not know and everyone have loved it. About 30 different people so far. Some of them were my friends and some of them i never met before.

I just dont like that it is so hard to protect your own game.

I dont like to go public with it somewere but reading your comments what do you think about this?

1. I take a Copyright/Trademark wich i can do here.

2. When its done I contact the british game agents (Any suggestions from someone that know someone already)?
I do have a big list of agents. Any extraminfo would be great.

3. I go to uk and meet someone (What should i look out for) Anyone can tell me more about the process with meeting a game agent?

I already have my game printed and with great illustrations and the game has all it rules wich isnt many as when i create games i have 3 criterias.

- Easy to learn, not problematic rules
- Best player wins more frequent
- You can talk about things after and share things why you did that etc. (Variation possibilities)

I have had a tutor in sweden that tought me lot of good things and he has been working for a big board game company before. I do know the things about creating games. I know that 99% of the games are crap. Actually in my point of wiev 99 % of the games being published are crap. lol

This is what i want to do and I know that my games would be very popular.

I just have a problem of knowing what to do next to make it all work out well.
If i get this one game published it will be so much easier for me in the future. So thats why i signed up here and I must say that I am very, very satisfied with all the responses i have got here.

Seems that there are a great bunch of good people on here helping out.
I really appreciate this so much!

And to pelle from sweden, yes i know lincon, i used to always go there before when i played magic the gathering. And will start going there again in the future but i dont want to go there and show this game.

I will own my own internet community soon and for my games i can easily provide advertising for it.
I did plan on selling it myself but since for example Hasbro already has all the tools and the market and everything done its much easier to do it that way.

Thanks everyone, hope to see more feedback on my new fllow up questions.
Mattias

jeffinberlin
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Joined: 07/29/2008
Someone like Hasbro will not

Someone like Hasbro will not publish games by independent designers, and will usually only buy the rights to games that have already been published and proven in the marketplace.

30 people isn't enough to know if your game will be a hit. Contact publishers yourself, pitch your game to them in person at conventions such as Essen in Germany, or self-publish and sell your game at a booth in Essen. If it's a hit at the fair, other publishers will be interested in reprinting and/or distributing your game.

Essen is the best barometer, as its the largest boardgame convention in the world and hundreds of new games are released there every year. If your game is a hit there, then you've got a good start.

In what country to you live?

pelle
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Joined: 08/11/2008
MattiasA wrote: I just dont

MattiasA wrote:

I just dont like that it is so hard to protect your own game.

What exactly are you worried about? And have you really thought about all the extremely bad consequences that would come from having even more ways to lock down ideas to prevent them from being used by others? How many things in your game can you also find in existing games? Would your game even be possible if you had to negotiate the rights to use those ideas? Seriously, that would be an excellent way to have no progress at all in the industry. I would say that all the innovation we see is proof enough that there is enough protection as it is (even if there is virtually none).

Quote:
1. I take a Copyright/Trademark wich i can do here.

Copyright is automatic, not something you register (in the US you can register, but I never heard about any such registry in Sweden). Trademark you can register, but it only protects the name of your game (and probably other words in it you trademark), but does not prevent anyone from using your ideas. The publisher will probably handle that for you anyway (and probably be likely to change the name and artwork and many rules as well).

Quote:
2. When its done I contact the british game agents (Any suggestions from someone that know someone already)?

Search this forum. I'm pretty sure there has been at least one thread discussing those agent services before. I don't remember hearing from anyone that had success with that approach? Sounds to me like a too easy way to make money from optimistic new designers.

Quote:
Actually in my point of wiev 99 % of the games being published are crap. lol

99 % of designers think that their games are in the 1 %.

Quote:
And to pelle from sweden, yes i know lincon, i used to always go there before when i played magic the gathering. And will start going there again in the future but i dont want to go there and show this game.

Too bad. As others already said, what you probably need to do is get out and show your game to as many as possible. There are probably 100s in exactly your position right now and you need to find ways to get more attention than they do, online and offline.

KrisW
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Joined: 01/15/2013
Keep an R&D Journal

Here’s a practical step designers could take to protect their work.

Start a daily log of ideas, work done and influences. Influences include names of play testers and people you discuss design with. Find the least expensive bound journal type book which is cheep and available enough that you can buy a 5 to 10 year supply before the manufacturers change them. They need to be bound so that missing pages are easily identified – and then NEVER take a page out. Write in it every single day.

I use standard composition books widely available in the USA. They typically cost one US dollar for a 100 page book. If I write on both sides of each page then a comp book lasts about 2 months, so a 10 year supply is 60 US dollars for 60 books, You might want to look around and see what is commonly available where you are.

On each page write the date, time, page number and topic title. For me the topic will be the word ‘Idea’, ‘Work’ or ‘Influence’ followed by a 1 to 4 word synopsis of what I’m writing about. When you switch from one topic to another draw a line between topics and put in the date, new time, and new topic title.

Leave a consistent margins and space between topics. If you start new pages for new days or topics then ‘X’ out the empty space at the end of the previous page. Use pen, not pencil, and the same pen for the entire topic The whole idea is to make it obvious to anyone looking through these that there isn’t any way to easily edit stuff later.

Store the filled-up journals off site, and if possible photocopy or scan them so you can store the copies elsewhere.

Best of luck,
- KrisW

Tbone
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Send it to yourself

Someone told me that if you send it in the mall to yourself it counts as "government proof" that it is yours. Just don't open it.

KrisW
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Joined: 01/15/2013
Myth - Poor man's Copyright

If you Google "mailing things to yourself" you can find several articles that cover this in depth.

Or click one of these -

http://www.plagiarismtoday.com/stopping-internet-plagiarism/your-copyrig...

http://www.plagiarismtoday.com/2006/08/25/the-myth-of-poor-mans-copyright/

- KrisW

pelle
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Yes, old myth, and I see no

Yes, old myth, and I see no reason why a written journal would be better.

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