“How do I copyright my game/idea/program?”
Legally you do not need to do anything to copyright your creation. Copyright automatically exists whenever a creative work is fixed (written down, painted, drawn, typed out etc) and this protection includes computer code, graphics and audio, as well as the actual finished computer game in executable format. Although you automatically have legal protection without any registration you can mark your work with © followed by your name/company name and the date in order to warn others. In addition to the standard protection provided by copyright laws some countries provide additional protection if you register a copyright (this is true in the USA. See US copyright office).
The only problem with the above is that the courts do not actually accept that something is a fact unless it can be proven. While you may hold the copyright to your creation this will be of no use if you are unable to prove it. If someone copies something you have created it is your word against theirs unless you can prove ownership. This can be accomplished by getting witnesses (your lawyer/solicitor can witness its existence and hold a copy for you) or by publicising its existence. This later option is only really of use to companies who are going to be announcing something’s existence (and are ready to do so). Once its existence is reported in, for example, the gaming press it is easy to produce this as proof should any disagreements arise at a later date. In most cases documented proof of something’s existence registered with a third party is your best insurance against future problems.
Note: The widely reported trick of posting something to yourself in a sealed envelope does not provide sufficient proof. It is easy to post an unsealed (empty) envelope into which something is placed at a later date.
If you are a company looking to secure ownership of your games you also need to ensure that you do actually own the copyright. The copyright in a creative work can only be transferred from the creator (your employee) to a new owner (you/your company) by a written assignment of rights (at least in the UK). That means you need a contract or other written agreement in order to gain ownership. Verbal agreements are not binding for assignments of IP rights. IN addition there are further complications if you are/the employee is based in certain European countries. They don’t allow for the transfer of certain rights which means that additional licensing must be undertaken to secure all the rights you need.
In addition to the above you should bear in mind that copyright laws vary from country to country and are also quite complex when items being created are inspired by or based on existing items. Who owns the rights to a game based on a film? The visuals, story and characters are the property of the film company but the code and even the finished manufactured game are the property of the developer/publisher. In other words copyright can be shared or can apply to elements of a creative work. If you are dealing with a complex situation ensure that you seek professional advise. Sorting out legal issues at the start will save a lot of hassle should problems arise later.
