Copyright and Trademark

Reaction Videos and Their Copyright Implications

Reaction videos, in which creators capture and share their responses to content such as video games, music, viral trends, and movies, have emerged as one of YouTube’s most compelling and popular genres. In fact, recent studies reveal that over half (54%) of YouTube viewers prefer watching creators react to events rather than viewing the original …

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3 Things Developers Get Wrong About IP

In the push to meet milestones and impress publishers, development teams often treat intellectual property (IP) as a box to tick rather than a strategic asset. The result can be costly detours exactly when momentum matters most: disputed titles, ownership surprises or stalled funding rounds. Understanding where misunderstandings typically arise helps studios safeguard creativity, preserve …

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When Should Companies Start Thinking About Trademark Registrations?

The Answer: The Earlier, the Better! More and more we are seeing companies in the games space having to change the names of their studios or games – or having to pay a prior rights owner for the right to keep using the name. Why? Usually it’s because the companies in question did not file …

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Why Game Developers Should Do Their Due Diligence on Game Names Before Launch

The gaming industry is more competitive than ever, with thousands of games released annually across various platforms. While developers focus on gameplay mechanics, graphics, and marketing strategies, one critical aspect often overlooked is the legal viability of a game’s name. Failing to conduct thorough research before launching a game can lead to costly consequences, including …

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Reverse Trademark Infringement: The OpenAI Case and Its Implications

Trademark disputes are common in business. Most cases involve a smaller entity allegedly infringing upon a well-known brand. However, reverse trademark infringement flips this dynamic. It occurs when a larger, more prominent company is accused of infringing upon the already existing trademark of a smaller, lesser-known entity, leading to brand dilution and consumer confusion. Understanding …

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The U.S. Copyright Office’s AI Report Part II: AI Creations May Be Copyrightable (With Enough Human Involvement)

After months of anticipation, the U.S. Copyright Office (USCO) has published the second part of its three-part report on the copyright issues raised by artificial intelligence (AI). Titled “Copyrightability,” this part focuses on whether AI-generated content is eligible for copyright protection in the U.S. The key takeaway? AI-generated works can be eligible for copyright protection—if …

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The Games Industry in 2025: Our Optimistic Perspective

The past couple of years have been a rollercoaster for the games industry, with significant layoffs and economic challenges dampening spirits. However, 2025 brings a sense of optimism. Many have managed to “survive to 25.” The industry is poised for recovery, with growth opportunities across emerging markets, cultural shifts, and technological advancements. Political uncertainty may …

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Trademark: USPTO 2025 Fee Hikes

The USPTO is raising its trademark-related fees beginning January 15, 2025. TL;DR: Anyone considering filing a trademark application should assess whether the new fees will apply to them. If so, they could consider filing before January 15, to save on fees. Also, Trademark Registration holders who need to submit maintenance documents, should do so before …

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Option Agreements vs Shopping Agreements: Turning a Screenplay, Novel, Board Game, Video Game and more into Film and Television

Whether a creator has designed an immersive tabletop game, written a page turning novel, or developed an innovative video game – receiving interest from others in turning their creative work (Property) into a television show or movie is an exciting prospect. But the terminology of Option Agreements, Shopping Agreements, Attachment Agreements and more can be …

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Odin Law and Media Files Amicus Brief with U.S. Supreme Court Supporting Digital Privacy in Trademark Applications

Firm challenges US Patent and Trademark Office’s privacy-compromising requirement for domicile addresses FOR IMMEDIATE RELEASE Raleigh, NC – 16 July 2024 –Odin Law and Media (OLM), a leading firm specializing in digital media and game development law, is proud to announce its representation of the International Game Developers Association (IGDA) and CodeMiko in filing an amicus brief …

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