Hello all, I'm ManAverage hailing from the not so sunny shores of the UK. I've been lurking on here and board game geek for a few months reading the advice and decided it was probably time to start contributing (aka asking questions) about the board game creation process.
Originally my idea was for a computer game, after attempting to learn a coding language I came to the conclusion it was way too much undertaking for just myself and converted it into a board game (Which seems to have gone down well with my limited number of playtesters)
Currently I have three games, two concept and one which is in the process of obtaining IP protection as I intend to self publish to the hobby games market (I am realistic about my chances, breaking even on any investment would be fantastic) and I'm aiming to be at the UK games expo retailing by 2014.
So yeah, that's me. Just your Average Man... Average.
Thanks for the responses guys.
Im not familiar with UK IP law, what protection are you seeking and why?
I have a local IP organisation in my area which offers free advice and assistance to inventors etc. They have sent me some information about which types of protection are available and which are best to suit my needs as well as recommended independent IP solicitors. I have a meeting arranged with them in January to show the completed design, at which point they are able to point me in the right direction for the best protection.
I’m from the UK and I know a little bit about protecting your original creations over here.
The previous advice is pretty much spot on the money
Copyright exists as soon as you make public your idea with the little copyright symbol. It doesn’t offer a whole lot of protection, but it offers some.
This is pretty much the same advice that I have received so far.
Board games are still a grey area when it comes to protection. The appearance of a game can be protected quite easily. However, the mechanics are very difficult to protect. It’s all nonsense really and the system is hopelessly out of date.
This is exactly the same advice that I have received from three different sources (Four including this one) Apparently it harks back to a legal case 5 years ago (Forgive me if the details are a little fuzzy as this was a phone conversation). Previously to this in the UK board games could be registered as a patent, in a case the judge decided that it was not defendable under the patent law, which is why we now have the different Copyright, registered design etc parts to make up a 'whole' level of protection.
I don't believe I can get a patent as this is not classified as a 'new' invention. Although I am waiting to confirm this prior to the application.
However, assessing the uniqueness of collected game mechanics is a lot more difficult and time consuming than assessing something that can be viewed with the naked eye. I would hazard to guess that the reason for the current system of authentication is purely one of simplicity over actual merit.
The system becomes more bizarre when you look at some of the things that can be protected and the similarity they have to the board game or video game model.
A musical score can be protected, even though it is in essence the same stock notes arranged in an original combination to create a unique sound. The visual representation of this sound is demonstrated in physical form by the notations on a music sheet.
However, anyone with an awareness of music will know that Mozarts musical score sheets do not adequately convey the composers full intentions for the piece and many different variations are possible from the same score – while keeping true to the musical notations.
So the orchestration of notes on a music sheet can be viewed as an objective re-imagining of stock notes, even though it can be interpreted in numerous ways. The music sheet stands as the written source to be protected and the sound is the resulting output when used.
In comparison a rule sheet, comprised of letters arranged to physically communicate orchestrated game play, is denied protection, because it is only accorded the status of an idea.
Why the unique grouping of game mechanics, as portrayed in a set of game rules, is denied the same protection is beyond me. Unfortunately, that’s how it is with game protection.
That being said, protection for a game is possible. It’s one of the reasons why game publishers add their own artwork. This gives them something they can protect in terms of visual appearance and the protection can be gained relatively quickly and cheaply.
This Is the step I am currently at, my prototypes produced with either free or commercial artwork are not fit for retail or protection.
Like I have said, Breaking even on any investment would be unexpected but great.
First up, cheapest and least protection is a copyright – which is free and only involves the public expression of an idea in written form.
The next one is a Trademark. If you Trademark the name of your game it will stop anyone else from using the same name for another ‘game’ related product. If you are looking to make a series of games or you have the intention of releasing expansions to develop a product range then a Trademark will also help to protect the developing brand. A Trademark will also offer benefits in relation to licensing your game.
The next option is a Registered Design. This protects the appearance of your game and anything that can be seen. This type of protection will cover the visual elements of your game, such as game components, layout and artwork – making it difficult for anyone to directly copy your game.
However, a Registered Design doesn’t protect any internal workings that can’t be seen by simply looking at the product in its given state (which can sometimes apply to internal workings). This is why it can be a good idea to submit product applications where pictures/representations of the product are taken from a source with a transparent outer casing – and subsequent products are produced with the normal retail casing.
Both of these options will grant the game some protection and they can be acquired relatively quickly and for very little expense. When applying for these forms of protection the designer can also opt for National coverage, European coverage or Worldwide coverage – each having a different price point.
Bang on the money, thank you for this, I can see I should have joined alot sooner :)
Yes, but it is kind of flimsy, really. Which is why I didn't focus on that too much. Even the 'poor man's copyright'(mailing a sealed package to yourself) offers some measure of coverage, but neither offer as much as actually filing it.
I have a few 'PMC' documents at the moment, I have access to a franking machine that can date documents with a dated postmark, I am going to verify this is 'acceptable'
Hi,
in my opinion a simple way to protect a name is to register the name at the internet. www.mygamename.com and www.mygamename.eu can be registered for some $ and you will need them anyway. You now can proof the date of registration and the use of this name for a game.
The low level of copyright is not negative. You, as a small selfpublisher would loose any lawsuit started by the big players in this buisness. Ravensburger, Hasbro and so on would keep 100 lawyers and control all game mechanics and kick you out of the buisness....
I am erring on the side of caution with alot of this, I don't envision this occupying shelf space in a major chain and I'm taking a realistic timescale with approach, costings and production. And this may come to nothing, but we'll see how we go on.
Thanks for all the responses guys, much appreciated.