18 replies to this topic

[Corngamer]

I have a few questions about copyright for when I distribute my game.

Question #1:
All of the sound effects in my game are the ones that came with GameMaker. So, do I have to give them credit or something like that for using the sounds, or do I not need to worry about this

Question #2:
My game has original characters, but if someone else has a trademark for the names I thought of, could I get into any legal trouble?

[dannyjenn]

1. Read the GameMaker license. I'm not familiar with it but I'm pretty sure its in there. My guess is that you're not allowed to use the sounds at all if you plan on selling the game... if you're planning on distributing the game for free then I'm not sure what the requirements are (if you're even allowed to use them at all)

2. Yes, but most likely no one would find out unless your game becomes well-known, and even then chances are that the company you are infringing on will fisrst contact you to tell you to stop. But if they wanted to they could sue you and they'd have every right to do so.

[chance]

Question #1:
All of the sound effects in my game are the ones that came with GameMaker. So, do I have to give them credit or something like that for using the sounds, or do I not need to worry about this

Don't worry about it. Since YoYo Games distributes these resources as freeware for its customers to use, it's reasonable for customers to assume YYG owns them and is giving you permission to use them. As their customer, there's no legal (or ethical) burden on you to assume otherwise.

If it ever turned out that these resources were owned by someone else, then YYG would be in legal trouble -- and you would be obliged to stop using them. But you personally wouldn't be liable since you acted in good faith.

You can do anything you want with the games you produce, you can even sell them! <snip> GameMaker comes preloaded with a collection of freeware images and sounds to get you started.

So use them in your games, and sell your games if you wish. No legal obligation to give credit -- although it's nice to do. (Just don't sell the resources separately.)

My game has original characters, but if someone else has a trademark for the names I thought of, could I get into any legal trouble?

Are your "original" character's names like Mickey Mouse, Sonic the Hedgehog, Lara Croft, etc. etc? If your names aren't obvious copyright violations, then don't worry about it.

If someone ever proves they own the names, then you must stop using them. In the meantime, stop worrying about "what if this... what if that... " and make some games.

Edited by chance, 06 July 2012 - 10:39 AM.

[Corngamer]

I guess that all makes sense!

However, my characters' names aren't well known ones, but I have searched some online trademark databases and the names DO have trademarks, so what about that?
BTW, I think the trademarks for those names are for company titles, whereas I want to use the names for character names.

[NakedPaulToast]

I guess that all makes sense!

However, my characters' names aren't well known ones, but I have searched some online trademark databases and the names DO have trademarks, so what about that?
BTW, I think the trademarks for those names are for company titles, whereas I want to use the names for character names.

How about what?

How about some examples?

[Corngamer]

I guess that all makes sense!

However, my characters' names aren't well known ones, but I have searched some online trademark databases and the names DO have trademarks, so what about that?
BTW, I think the trademarks for those names are for company titles, whereas I want to use the names for character names.

How about what?

How about some examples?

Huh?

[NakedPaulToast]

You asked the following:

However, my characters' names aren't well known ones, but I have searched some online trademark databases and the names DO have trademarks, so what about that?

How could anybody comment on the trademark-ability of characters' names, without even knowing what the names are?

Sonic the Hedgehog is a characters name and it is trademark-able.
Mario is a characters name but it is not.

The name is extremely relevant.

[Corngamer]

You asked the following:

However, my characters' names aren't well known ones, but I have searched some online trademark databases and the names DO have trademarks, so what about that?

How could anybody comment on the trademark-ability of characters' names, without even knowing what the names are?

Sonic the Hedgehog is a characters name and it is trademark-able.
Mario is a characters name but it is not.

The name is extremely relevant.

So, if my chracter's name is a normal name, I can use it, but if the name isn't a normal name (which is the case with my character), i can't use it if it's trademarked?

[NakedPaulToast]

You asked the following:

However, my characters' names aren't well known ones, but I have searched some online trademark databases and the names DO have trademarks, so what about that?

How could anybody comment on the trademark-ability of characters' names, without even knowing what the names are?

Sonic the Hedgehog is a characters name and it is trademark-able.
Mario is a characters name but it is not.

The name is extremely relevant.

So, if my chracter's name is a normal name, I can use it, but if the name isn't a normal name (which is the case with my character), i can't use it if it's trademarked?

Maybe.

But since you got some strange phobia about giving actual examples and links to the trademark searches you've done, don't expect an opinion any different than that.

Look it's not that hard. Specific examples generate specific opinion. Nebulous examples generate nebulous opinion.

[Corngamer]

You asked the following:

However, my characters' names aren't well known ones, but I have searched some online trademark databases and the names DO have trademarks, so what about that?

How could anybody comment on the trademark-ability of characters' names, without even knowing what the names are?

Sonic the Hedgehog is a characters name and it is trademark-able.
Mario is a characters name but it is not.

The name is extremely relevant.

So, if my chracter's name is a normal name, I can use it, but if the name isn't a normal name (which is the case with my character), i can't use it if it's trademarked?

Maybe.

But since you got some strange phobia about giving actual examples and links to the trademark searches you've done, don't expect an opinion any different than that.

Look it's not that hard. Specific examples generate specific opinion. Nebulous examples generate nebulous opinion.

Oh, that's what you meant! My character's name is Exploro (he's an explorer). You can just search for "trademark database", go to one of the sites listed, and search the name.

[Jobo]

Exploro is the first-person singular form of the verb Explorar (to explore). Thus it's not trademark-able.
It would be like trying to trademark "eat".

I haven't researched though, just going with obviousness.
Sometimes that strikes back though. Better wait and see if NakedPaulToast can confirm this, or if what I'm saying is theoretically wrong.
I presume I'm right, however.

There's really not that much of a risk in it unless you're going commercial though.
It's still illegal, but they'll never find your game, or they won't care. Theoretically.

Edited by Jobo, 06 July 2012 - 11:04 PM.

[Corngamer]

Exploro is the first-person singular form of the verb Explorar (to explore). Thus it's not trademark-able.
It would be like trying to trademark "eat".

I haven't researched though, just going with obviousness.
Sometimes that strikes back though. Better wait and see if NakedPaulToast can confirm this, or if what I'm saying is theoretically wrong.
I presume I'm right, however.

There's really not that much of a risk in it unless you're going commercial though.
It's still illegal, but they'll never find your game, or they won't care. Theoretically.

Wow! I never new that was a real word! I'm pretty sure you're right. I think that if it's something like "Exploro The Explorer", then that would be trademarkable. It's like how the word sonic isn't trademarkable, but the name "Sonic the Hedgehog" is. Still, I think NakedPaulToast should confirm this, since he seems to be an expert on this.

[chance]

Exploro is the first-person singular form of the verb Explorar (to explore). Thus it's not trademark-able.
It would be like trying to trademark "eat".

It's not that simple. Many very common words are trademarked -- not because of the word itself, but in conjunction with the application. For example, Apple Computer has trademarked names like Carbon, Aperture, Cocoa, Aqua, Sand, Safari, etc. Here's a partial list.

The point is that trademarking a name involves more than just the "word" itself. It also involves the product, or service, that the word names.

It's also important to remember that people can still use those names for other products, as long as they don't provide similar applications and services in the same field of technology. And as long as there's little chance that customers might be confused by the similar name.

But the details of those other factors are probably beyond the scope of this discussion.

Edited by chance, 07 July 2012 - 12:58 PM.

[dannyjenn]

Exploro is the first-person singular form of the verb Explorar (to explore). Thus it's not trademark-able.
It would be like trying to trademark "eat".

It's not that simple. Many very common words are trademarked -- not because of the word itself, but in conjunction with the application. For example, Apple Computer has trademarked names like Carbon, Aperture, Cocoa, Aqua, Sand, Safari, etc. Here's a partial list.

The point is that trademarking a name involves more than just the "word" itself. It also involves the product, or service, that the word names.

It's also important to remember that people can still use those names for other products, as long as they don't provide similar applications and services in the same field of technology. And as long as there's little chance that customers might be confused by the similar name.

But the details of those other factors are probably beyond the scope of this discussion.

Actually, I think those details are very relevant. If "Exploro" appeared in the database, then it is trademarked (assuming the database is accurate). However, if "Exploro" is the name of a company, and you're using it as the name of a character, it can almost certainly be used. The exception would be if the name was a reference to that company (for example, naming a soda-based character "Coke" or something) in which case you probably would be infringing on it.

[NakedPaulToast]

Here is an excellent resource for the trademark-abilty of marks. Its a PDF published by the USPTO and therefore credible, atleast in the US.

USPTO trademark basics PDF

Pay particular attention to Page 3 which describes the strength and weaknesses of marks.

Strong v. Weak Marks
In addition to selecting a mark that is not likely to be confused with any pre-existing marks, it is in your best interest to select a mark that is considered “strong” in a legal or trademark sense, i.e., a mark that will most easily allow you to revent third-party use of your mark. Some marks are easier to protect than others and these are considered “strong” marks. On the other hand, if a mark is “weak,” it most likely is descriptive and others are already using it to describe their goods or services, making it difficult and costly to try to police and protect. Weak marks should be avoided; they simply do not have the same legal protections of a stronger and more distinctive mark.

Generally, marks fall into one of four categories: fanciful or arbitrary, suggestive, descriptive, or generic.  The category your mark falls into will significantly impact both its registrability and your ability to enforce your rights in the mark. The strongest and most easily protectable types of marks are fanciful marks and arbitrary marks, because they are inherently distinctive.  Fanciful marks are invented words with no dictionary or other known meaning.   Arbitrary marks are actual words with a known meaning that have no association/relationship with the goods protected.  Fanciful and arbitrary marks are registrable and, indeed, are more likely to get registered than are descriptive marks. Moreover, because these types of marks are creative and unusual, it is less likely that others are using them. 

Examples of fanciful and arbitrary marks:  
Fanciful: BELMICO for “insurance services”
Arbitrary: BANANA for “tires”

Suggestive marks suggest, but do not describe, qualities or a connection to the goods or services.  Suggestive marks are registrable and are also considered “strong” marks.  If you do not choose a fanciful or arbitrary mark, a suggestive mark is your next best option.

Examples of suggestive marks:
QUICK N’ NEAT for “pie crust” 
GLANCE-A-DAY for “calendars”

Descriptive marks are words or designs (e.g., depiction of a television for “television repair services”) that describe the goods and/or services. Such marks are generally considered “weaker” and therefore more difficult to protect than fanciful and arbitrary marks.  If the USPTO determines that a mark is “merely descriptive,” then it is not registrable or protectable on the Principal Register unless it acquires distinctiveness-- generally through extensive use in commerce over a five-year period or longer.  Descriptive marks are considered “weak” until they have acquired distinctiveness

[TeamSteeve]

Here's a topic which may be of some interest to you where someone had problems with their game being called "Crazy Asteroids" as it was close to "Asteroids".

[kburkhart84]

I just wanted to add on about trademarked words being used in other types of products. I could make "Apple Cars" but I couldn't make "Apple Computers." I might get away with "Apple Recordable DVDs" because it's part of computers, but not "exactly" the same thing so is quite borderline since it is a separate "accessory." On the other hand, "Apple Computer Cases" is probably in trouble because it is pretty close to the original.

About "Exploro," or let's say "Dora" as in "Dora the Explorer," The whole name "Dora the Explorer" is of course off limits, but that doesn't mean the name "Dora" is. Other cartoons' characters could be named Dora, even main characters, though they couldn't be similar to the "original Dora," unless it were to fall under fair usage, such as Parody. This is similar to how you could have game character be named "Mario" as long as he wasn't a platforming fat red overalled plumber.

So, for your character "Exploro," what is the word Exploro trademarked as? Does it have anything to do with video games? And is the video game anything near what your game is? Is the character in any way similar to the original trademarked character(assuming you answered yes to the above questions)??

[Corngamer]

I just wanted to add on about trademarked words being used in other types of products. I could make "Apple Cars" but I couldn't make "Apple Computers." I might get away with "Apple Recordable DVDs" because it's part of computers, but not "exactly" the same thing so is quite borderline since it is a separate "accessory." On the other hand, "Apple Computer Cases" is probably in trouble because it is pretty close to the original.

About "Exploro," or let's say "Dora" as in "Dora the Explorer," The whole name "Dora the Explorer" is of course off limits, but that doesn't mean the name "Dora" is. Other cartoons' characters could be named Dora, even main characters, though they couldn't be similar to the "original Dora," unless it were to fall under fair usage, such as Parody. This is similar to how you could have game character be named "Mario" as long as he wasn't a platforming fat red overalled plumber.

So, for your character "Exploro," what is the word Exploro trademarked as? Does it have anything to do with video games? And is the video game anything near what your game is? Is the character in any way similar to the original trademarked character(assuming you answered yes to the above questions)??

Here's the link to the search for it on the trademark database:
http://www.trademarkia.com/trademarks-search.aspx?tn=exploro

[kburkhart84]

I just wanted to add on about trademarked words being used in other types of products. I could make "Apple Cars" but I couldn't make "Apple Computers." I might get away with "Apple Recordable DVDs" because it's part of computers, but not "exactly" the same thing so is quite borderline since it is a separate "accessory." On the other hand, "Apple Computer Cases" is probably in trouble because it is pretty close to the original.

About "Exploro," or let's say "Dora" as in "Dora the Explorer," The whole name "Dora the Explorer" is of course off limits, but that doesn't mean the name "Dora" is. Other cartoons' characters could be named Dora, even main characters, though they couldn't be similar to the "original Dora," unless it were to fall under fair usage, such as Parody. This is similar to how you could have game character be named "Mario" as long as he wasn't a platforming fat red overalled plumber.

So, for your character "Exploro," what is the word Exploro trademarked as? Does it have anything to do with video games? And is the video game anything near what your game is? Is the character in any way similar to the original trademarked character(assuming you answered yes to the above questions)??

Here's the link to the search for it on the trademark database:
http://www.trademarkia.com/trademarks-search.aspx?tn=exploro

According to that site, the word Exploro was used as a company name for either short and leak detecting devices, or cloth embroidering...something or either, neither of which have to do with video games, and that one expired in 1984.

The other trademark according to that website is has to do with

Computer services, namely, on-site management of information technology (IT) systems; IT consulting services; IT integration services

Though it has to do with computers, it is far from having to do with video games, much less a specific video game about a guy who explores.

Assuming that site is all-inclusive, I'd say you are safe. In fact, I'd say you are safe even if it is not all inclusive. Seriously, if something were to somehow come up, my understanding is that the first step would be a cease and desist letter of sorts. Assuming you do that, I doubt you'd be in any trouble. For someone to actually follow through with a law suit costs money to them. So they start with the cheap but effective letter stating they own the trademark and for you to desist from using it. It isn't really that hard to change a name of the character mid development, and you'd have to be very unlucky if you are designing your own graphics and he just happens to look like the other guy's sprites.

Generally, if you stay original, you will be fine, and if by bad luck the name itself is trademarked, you change it. If you went original, with your own graphics(or someone else's that did them for you), you will not have copy-catted another game, and therefore shouldn't have any problems.