Copyright and Trademark

DMCA Contacts – How to report copyright infringement

If you have created original work/piece of intellectual property and your copyright has been infringed upon, you can report alleged violations and request a take-down on platforms that comply with the Digital Millennium Copyright Act (DMCA) of 1998. Many of these platforms screen or select submissions and a DMCA notice may not be appropriate even …

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What’s up with the DMCA fight over defunct online games?

If you’ve been paying attention, you may have seen press coverage of the Entertainment Software Association’s opposition (PDF) to a proposed change to the Digital Millennium Copyright Act. So, what is ESA arguing about? Who are they arguing with? Why is this happening? The short version: A “museum” petitioned the copyright office to change the rules …

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Who owns my game mod?

Modding, the act of creating extensions within games and other platforms, is popular in the video game scene. What is a game mod? A game modification, or game mod, alters how a video game may look or behave. Mods are intended to extend and expand gameplay and modders are the individuals or communities that provide these …

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Are Let’s Play videos legal?

Let’s Play videos (or LP videos for short) have grown significantly over the past few years as more and more gamers play PC games (or play console games on ROMs) and have easy access to screen capture and video editing software. But are they legal? Let’s discuss. What’s a Let’s Play video? A Let’s Play …

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What to do if your video game art is being used in advertisements without your permission

Recently, this article posted on Polygon outlining the many commercial uses of the iconic watchtower image from Firewatch. These uses were not authorized by Campo Santo, the developer, which leads to the question: what do you do if you find yourself in this situation? First, pat yourself on the back. You made something so good …

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Brandon J. Huffman quoted on counterfeit collectables

The article from Syfy.com details the vast market of counterfeit “geek” goods and the legal and ethical issues they present. Here is an excerpt: “True counterfeit merchandise is almost certainly actionable. That said, with a company the size of Disney, with properties as numerous and popular as Disney’s, it’s probably impractical to police literally every …

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Copyrights, trademarks and other intellectual property rights

My recently released eBook, Key Provisions in Video Game Publishing Agreements contains a lengthy discussion of intellectual property rights and how publishing agreements might address them. This post includes some samples of that section of the book, and some additional discussion. For more in depth discussion of these rights, get the FREE eBook now! What …

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