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 […]
Copyright
Making Games Featuring Real (Non-Celebrity) People
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, […]
Trademark Infringement vs. Trademark Fair Use
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 […]
DMCA Takedown For What?
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 […]
I Found a Great Artist on DeviantArt to Design My Character (or Logo)—What Should I Be Worried About?
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 […]
Fair Use In Video Games – Part 2: Fair Use by Users and Devs
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 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 […]
I Want to Build an App for My Work and Sell It to Them—Can I?
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 […]
Should You Register with the Writer’s Guild of America West or the Copyright Office?
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 […]