Legal Question in Entertainment Law in California
Hello, I'm creating a Tabletop Role Playing game akin to that of Dungeons and Dragons. I've been working on the project for over seven years now and, while it isn't finished, I want to look ahead to potential legal aspects. Given that tabletop role playing games are somewhat niche and thus the information is hard to find, I would like some help answering these questions.
In order to fund the development of the game system and keep myself afloat, I've been considering putting a very early Alpha version of the game up on Patreon and adding more content as it is written. Would the game be legally protected upon being put onto the marketplace similar to a film script, or would I have to take additional actions to ensure it's legal protection? If so, what actions would those be? Additionally, I understand that you're not economic advisors, but if you have advice given the advisability of this action, I would appreciate it.
Once the project is legally protected, what exactly is protected within the game? As an opposing question, what could be considered illegal infringement on other game systems? Elves and dwarves are certainly public domain, but where do mechanical terms lie in all of this? Is calling a 20 sided die a D20 protected under Wizards of the Coast? I know I'm allowed to have Wizard be an option in my game, but can I use the names of the Schools of Magic that are in Dungeons and Dragons? Knowing where that line is drawn and what of my project is protected would be appreciated.
Finally, would there be any further complications from the transition of digital links to physical prints once the game is complete? Would there be any further steps or paperwork due to transition of medium for my game system and how would I achieve those steps?
Thank you for your time!
1 Answer from Attorneys
You are asking a number of questions that can't be adequately addressed over a simple platform like this. But the core of your concern is intellectual property and this regard copyright is primary. This covers the creative expression and presumably you have a number of things that will fall under this.
Any creative expression will be covered by copyright law automatically. Then you register the work with the US Copyright Office so to perfect your bundle of federal rights like the right to access the courts, the right to ask for statutory damages (sometimes the only damages worth bringing the case over), the right to attorney fees, etc.
Beyond copyright, you have the trademark or brand. This may involve multiple trademarks (e.g., the word McDonalds, the logo of the golden arches and a tagline like "I'm Lovin It" are all individual trademarks).
Patent may also be relevant if you actually invented something here. With games this is more rare, but certainly possible.
If you need clarification or help with it, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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