Week 11: Industry Practice: Copyright

 Copyright Protection:

What is protected? What isn't?
What is protected is your work from being copied by another creator which includes:

  • Literary works
  • Dramatic works
  • Musical works
  • Artistic works
  • Software
  • Architecture

  • Copyright: Automatically protects original 2D/3D artwork, textures, concept art, music, and animations from the moment of creation. No registration is needed in the UK. It lasts for the creator’s lifetime plus 70 years.

  • Moral Rights: Ensure the artist is credited for their work and can object to derogatory treatment of it.

  • Design Rights: Protect the shape and configuration of objects (such as a unique character model or item design). These can be unregistered (lasting up to 15 years) or registered (up to 25 years).

  • Trademarks: Protect names, logos, and branding (such as game titles or studio logos). Must be registered and renewed every 10 years.

  • Patents: Rare in game art, but can apply to new technical inventions like game tools or unique mechanics. They last up to 20 years.

However this does not include:

  • Opinions/facts
  • Domain Names

Understanding IP helps you:

  • Protect your own work (e.g., in portfolios or freelance projects).Avoid legal issues when using references or client materials.

  • Negotiate contracts more effectively.

  • Build a brand and register your own creative identity.


Duration: 70 Years.

Infringement of Copyright:
When a creator makes use of copyrighted work without the creators permission.

Example:
In 2018, the Roblox game Pokemon Brick Bronze was taken down for copyright due to Nintendo raising concerns.

This section analyses the professional practices of Supergiant Games, an independent studio, and Naughty Dog, a AAA developer, with a focus on the legal frameworks of copyright and IP ownership and the economic framework of funding models.

Supergiant Games, known for titles like Hades (2020) and Bastion (2011), retains full ownership of its intellectual property. As an indie studio, copyright laws are crucial in protecting their original art, music, and narratives. For instance, Hades’ unique art style and mythological narrative are automatically protected under UK and US copyright law (IPO, 2022). Owning the IP allows the studio to directly benefit from merchandise, ports, and sequels without external restrictions.

Economically, Supergiant relies on self-funding and digital distribution, using platforms like Steam and Epic Games Store. This grants them creative freedom but also exposes them to financial risks, especially without publisher backing.

In contrast, Naughty Dog, a subsidiary of Sony Interactive Entertainment, is known for high-budget games such as The Last of Us and Uncharted. Although individual creatives contribute significantly, the legal IP ownership belongs to Sony, not the creators. This reflects the standard in AAA studios, where employment contracts assign copyright to the company (UK Gov, 2023).

Naughty Dog benefits from Sony’s corporate funding, allowing massive investment in technology, marketing, and distribution. However, this also introduces corporate oversight, impacting timelines and creative decisions

In summary, while both studios operate within copyright and IP frameworks, their application differs: Supergiant retains full creative control through IP ownership, whereas Naughty Dog’s output is shaped by corporate IP policies.

Learning about key legal and economic frameworks has directly shaped how I approach the development of my interactive novel game, particularly in areas such as intellectual property rights, software licensing, and distribution planning.

A clearer understanding of copyright law has made me more aware of the need to create original content or use properly licensed assets. I now take extra care to ensure all visuals, audio, and written content are either self-made or sourced from royalty-free or commercially licensed materials. This not only protects me from potential legal disputes but also ensures I maintain ownership of the work, which is essential for future use or monetisation.

In terms of tools, learning about software licensing has influenced the programs I choose. I now use Unity under the Personal plan, along with free, open-source software such as GIMP and Audacity, making sure they permit commercial use. I’ve also learned to check asset licenses closely to confirm that they are valid for game development.

Economically, knowledge of distribution methods has informed my release strategy. I intend to publish the game on platforms like itch.io or Steam, which are accessible for indie developers and offer potential for both visibility and revenue. I’ve also considered age ratings, and because the game contains mild violence and emotional themes,

Lastly, understanding the importance of confidentiality and NDAs has encouraged me to protect my work when collaborating with others, particularly voice actors or freelance contributors


REFERENCE:

Anon, 2012. Intellectual property and your work [online]. Gov.uk. Available at: https://www.gov.uk/intellectual-property-an-overview [Accessed 18 May 2025].

Anon, 2014. How copyright protects your work [online]. Gov.uk. Available at: https://www.gov.uk/copyright [Accessed 18 May 2025].


Anon, Benefits of copyright protection [online]. IPOI. Available at: https://www.ipoi.gov.ie/en/types-of-ip/copyright1/understanding-copyright/benefits-of-copyright-protection/ [Accessed 17 January 2025].


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