Legal Question in Technology Law in New Jersey
Rights obtained from work on a demo of which the idea wasn't mine
I recently worked on a game demo in which i did all of the programming. This demo clearly states my name in the credits and i can proove in many ways i did the work. To add to it, i paid from my pocket the cost of the program used to make this game demo. What im curious to know is, what legal rights towards the game do i obtain/have if this demo is used to promote a full game in which the idea is not owned by me.
1 Answer from Attorneys
Re: Rights obtained from work on a demo of which the idea wasn't mine
Computer programs are a proper subject of U.S. copyright. The author/owner of a copyright has the exclusive right to make "derivative works." The law and requirements are actually more complex than that, but those are the basics. Arguably, a more full version of your demo is a derivative work. To sue on a copyright or to collect statutory damages, the work needs to be registered. That is the first step.
Copyright has its limitations because the law only protects the expression of the work (in this case, the code). It does not protect the idea (as a patent might).
Copyright registration is very inexpensive. You can do that yourself from the information available from the Library of Congress web site. To find it, go to my web site at www.CorbettLaw.net and select Resources -> U.S. Federal -> U.S. Copyright. If you have any questions about the application, let me know.
Once your copyright has been registered, you are in a position to enforce it. That will require a lawyer. Call me if I can help.
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