Legal Question in Intellectual Property in California

Design for copywritten computer games

I have been asked by a small mom & pops company to create a level (modification) for them using a proprietary game engine. Now in the EULA for the game it states that you cannot charge for ''New Creations''. But to create this modification will take at least a month. And i will be designing things such as textures that i create apart from this but will be used in it. My question is, is there a legal way to receive income, without the actual selling of this modification/''New creation''. i.e. give the modification for free but charge for texture creation or some other way without breaking the license? I would include the end user license agreement but it is too long. Thanks for the help.


Asked on 6/23/05, 3:09 pm

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Design for copywritten computer games

First, the word is "copyrighted" not "copywritten" (a totally different concept, related to advertising, not law).

Second, yes, it would seem you should be paid for your work, but without seeing the agreement and knowing the specifics of your situation it is not possible to advise you on specifics. For example, being paid to customize a program for a particular client (which computer consultants do for businesses all the time) is very different from selling a derivative work at retail. I would suggest you consult with a knowledgeable attorney who can look at the agreement and what you are being asked to do. He/she can explain your rights and responsibilities to you--if you are planning to spend a lot of time on the project, the lawyer's fee will be well worth it.

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Answered on 6/25/05, 7:41 pm


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