In the event you’re posting, blogging, or otherwise covering news of your games, note that you might potentially run into legal issues if you’re embedding photos or posts from Instagram, Twitter, or other social media platforms. Case #1: Goldman v. Breitbart et al (Twitter) Ruling: February 14, 2018, 2nd Circuit (New York) Here, the photographer […]
Getting artwork commissioned? Being hired to create commissioned artwork? This post is intended to give basic guidelines to your contract. First and foremost, this is not intended to be legal advice, and I’m not your attorney unless we have a signed agreement. I am a California/Washington attorney, so while these notes are intended to be […]
As I’m scrolling through my blog, I realized that I have yet to do a “what is a trademark” post. I didn’t plan for this post to be about that, so I’ll give you a one-sheet on it, and if you already know about this and want to learn how and where you should use […]
There are so many cool things being invented and implemented daily, it’s just too cool. I mean, I can use my phone or Alexa to turn my lights/tv on and off; change the temperature of my house; or yes, even have my smart house device laugh creepily at me. There may come a time when […]
Virtual Currency: A Primer on Pitfalls With the upswing in mainstream recognition of virtual currencies, more people are becoming aware of its application in the real world. However, games have been offering in-app purchases for virtual currency (or other items) for ages. [one_half][/one_half] [one_half_last][/one_half_last] Licensing vs Ownership Rights There are several potential pitfalls that can […]
When I was in high school, machinima was all the rage. I’m no doubt dating myself, but Rooster Teeth had just released their first season, and we were hooked. Not only was it cheap and easy-peasy to film, but we also didn’t have to worry about (1) lighting, (2) lip synching, or (3) costumes. Also, […]
I’ve discussed fair use in copyright law, but I saw this ad a little while ago for a car wash (at a Chevron Station, no less) and I wanted to do a post on the differences of fair use in copyright law as opposed to trademark infringement (NOTE: This applies to U.S. law only). Copyright […]
I was recently talking with a friend about a situation that is likely all too common: a small-time development company picked a name for themselves and received a cease & desist letter for the use of their company name once they started getting some publicity. This post explores a hypothetical situation and options you could have if […]
If you are working (or worked) on a game with one or more people, with the intent to earn money from it (at some point), you might already be in a partnership, which can carry some serious financial risk to you if things go really well (or really poorly). Creating partnership agreements (documents outlining the […]
If you intend to release your game on an app store, provide content to users, or collect data from users on your site, you’re going to run into the need for at least two of the three policies above, if not all three. Do you know what they do or how they differ? If you […]
As a developer, newbie or otherwise, you’ll eventually get to the point where you realize you want to release your game in some way or another. At that point in time, if not much–MUCH–sooner, you’re hopefully going to consider whether you need some sort of legal documents or protections in place before you go full […]
DMCA Takedowns…ugh, right? If you’ve never been on the receiving end of one, it tends to prompt you to look up copyright law and figure out what the hell just happened. Since most people on the takedown side tend to know what the DMCA is all about and are actively monitoring their works online, this […]
Myth: If I pay someone to create some art assets for me, because I paid them to do it, I own the copyright in the end product. This harkens back to basic copyright law. If you understand that, then you’ll understand who owns what when you’re making a game. Luckily, it’s pretty easy to understand. Copyright Law […]
Welcome to Part 2! My heart sings with…actually, my voice is bad enough, you don’t need to know how my heart sings, knowing you’ve returned for more torture. Fair Use By Game Users What is most often copied by users is either gameplay footage or characters/storylines, rather than making other games with copyrighted content. […]
Fair Use in Video Games – Part 1: Fair Use Basics ‘Fair use’ is generally in reference to copyright law, as fair use in trademark law is much simpler and far more literal. To say the least, fair use is a heavy hitter in copyright law—meaning it’s a complicated subject, but because it potentially offers […]
A buddy of mine used to work as tech support for a software company which did not, at the time, have an app (he’s now in the dev dept. for the same company). He approached me and asked my thoughts about developing an app for the company, and then selling it to them. My initial […]
First things first: the WGA is an integral organization to film and television production, and serves a highly important function to the industry. This post is not a criticism of the WGA, but more so of the myth I encountered in film school that we didn’t really need to bother registering with the copyright office, since registering […]
Hi! My name is Lauren Hanley-Brady, and I have a passion for entertainment law. I like to talk about the law and dispel what myths I can, as well as answer common legal questions game devs might have. Thanks for stopping by! While I am a licensed attorney, this is just my blog, and nothing […]