IP rights and their importance in the creative industries.

 

What do we mean by the term IP?

IP rights, otherwise known as Intellectual Property rights, are a form of legal protection over creative works. An IP is a form of patent and can be obtained through an IP lawyer. Creations of our mind are known as intangible rights and refer to non-physical property.  

Image Via wazirsingh.com

Why do IP rights in the creative industries matter?

In the field of gaming, new ideas are conceived daily. New ideas fall under the umbrella of expressive arts, and what are video games if not expressive art?  IP rights are something we should most definitely consider using to protect our creative ideas to prevent them from being copied.

In a fast-moving industry of technology and gaming, protecting your ideas gives them value. How? Having IP rights allows you to share your ideas with potential employers without giving them the right to use them. When you have a unique and innovative idea, and you share that idea with other professionals, you are getting your name out there as well as advertising to people who may want to purchase that idea from you. The gaming industry is huge and highly competitive, companies are always on the lookout for something new and different to capture the interest of their audience. Having IP rights in the gaming industry is a very useful bargaining tool to have!

It is also worth noting that it may be a good idea to ensure your IPRs include China, which is one of the leading video game countries with a whopping 25% of the global market. IP laws are territorial, so IP is only enforceable when registered in that country. Tips on how to protect your IP in China are available here 

Why is copyright important and how does it differ from IPRs?

Where IP rights cover your ideas, copyright covers the manifestation of your ideas. It is therefore a different form of IP. A short informative comprehensive video explaining the differences, which also includes trademarks and trade secrets, can be viewed here.

Copyright covers audio, written, visuals etc. This is extremely important in the gaming industry as it gives you the ability to display your actual ideas through the aforementioned mediums whilst remaining protected.

IPR Disputes

If there has been an infringement or breach of an IPR/Copyright, it can initiate expensive litigation between the parties involved. Such a lawsuit can include any of the following:

• trademarks
• database rights
• misuse of confidential information
• trade secrets
• breach of contracts
• IP development agreements
• copy and supply
• settlement agreements
• brand protection
• domain names
• distribution
• patents

Depending on the severity of the case, matters may be resolved through mediation rather than a courtroom. The UK Government offers such a service here. It is not a free service, but it is an option that may be considered depending on the circumstances and/or severity of the dispute at hand. You can find more about this service here.

Although a mediation service is an option, some people may prefer to go through the official legal system with a lawyer and Court process to argue their points.  Each case taken to court will be heard upon its own merits and even having IPRs does not guarantee the desired outcome. Such a case was heard in the UK in 2007 between Nova Productions Ltd V Mazooma Games Ltd & Bell Fruit Games Ltd, for infringement of copyright, in which Lord Justice Jacob ruled against the copyright holder. You can read more on this case here.

However, a little further from home in the USA, Tetris Holding LLC won a similar case in a Civil Action against Xio Interactive Inc over a software infringement in 2012. You can read more on this case here.

There appears to be no precedent to argue with in Gaming IPRs and so any suit can swing either way. Jurisdiction will also be a determining factor. Judge Hand summed it up when highlighting the difficulties faced when ruling on IPR cases "Obviously, no principle can be stated as to when an imitator has gone beyond the ‘idea,’ and has borrowed its ‘expression’. Decisions must therefore inevitably be ad hoc."

Does IP stifle creativity in the creative industries?

In my opinion, IP laws do not stifle creativity. IPRs protect the original creator whilst still allowing the game development community to be inspired. This allows the quality of the creative works of the entire industry to evolve, like a community-wide brainstorming session.

Image Via StoryLab

What are your views on the topic?

I believe IP laws to be an important step in the creative process. Whether we have poured hours of creative energy, thoughts, and ideas into a seedling project, or we have had a one-off lightbulb moment, it makes sense to protect that idea from being used, shared, and distributed by other people or companies without our consent.