Game IP basics: copyright, trademark and who owns what

The short answer

Copyright protects the specific expression in your game, meaning its code, art, music, writing and characters, and arises automatically when the work is created. It does not protect ideas, rules or mechanics. Trademarks protect the name and logo that identify your game. When someone else builds the game for you, you only own their work if a written agreement assigns it to you. Get those three points right and most problems never appear.

What each right covers

Ideas are free, expression is not

Copyright does not protect the idea of matching three tiles, a battle royale or a tower defence. It protects how a particular game expresses that idea: its artwork, code, text, music and specific characters. This is why genres exist. A studio may build a new match-three game. It may not copy another game's art, level layouts, text or code, or make something so close in look and feel that it is effectively a copy.

Clones

A clone that copies a mechanic with original assets is generally lawful, although stores may still remove games that imitate too closely. A clone that copies art, sounds, names or interface layouts invites takedown notices and legal claims. Using a similar name or icon also creates trademark problems. If you are adapting a template, read game reskinning explained for where the lines are in practice.

Trademarks: check the name early

The most common IP problem for small studios is a title that someone else already uses. Before you commit:

1. Search the app stores and Steam for the same or similar names.
2. Search the trademark databases for your main markets in the classes that cover games.
3. Check domain and social handles.
4. Consider registering the name once the game shows promise.

Changing a name after launch costs marketing momentum, store rankings and sometimes legal fees.

Who owns work made by others

This catches clients and studios alike.

• Employees. In most countries, work made in the course of employment belongs to the employer, though contracts should still say so.
• Contractors and studios. The creator usually owns the copyright unless a written agreement transfers it. In the United States, the work made for hire rule covers commissioned work only in limited categories and only with a signed agreement, which is why contracts add an explicit assignment.
• Co-founders and friends. Anyone who contributed art, code or music without a written agreement may own part of the game. Fix this in writing before raising money or signing a publisher.

A proper contract assigns everything to the client on payment and lets the studio keep only its pre-existing tools, licensed to you for use in the game. See our contract checklist.

Third-party assets

Marketplace models, sound packs, fonts and plugins are licensed, not owned. Typical terms allow use inside a shipped game and forbid redistribution of the raw files. Watch for:

• Fonts. Many are free for personal use only, and app embedding can need a specific licence.
• Music. Commercial tracks need licences that cover games, trailers and streaming. See how video game music is made.
• Open-source code. Some licences require attribution, and some require you to share your own source when you distribute.
• Seat limits. Asset licences are often per user.

Keep a simple spreadsheet of every third-party item, its source and its licence. Publishers and investors ask for it.

Real brands, people and places

Real cars, weapons, sports teams, celebrities and buildings can involve trademarks, design rights or personality rights. Licences are normal in racing and sports games. Small projects usually use original designs instead. See racing game development cost.

Fan games and mods

A fan game uses someone else's characters or world. Without permission it infringes, and its survival depends on the owner's tolerance, which varies widely and can change overnight. Do not build a business on it. Platforms designed for creator content, such as Roblox and Fortnite islands, have their own rules on what you may use.

AI-generated content

Two questions matter. First, ownership: several jurisdictions, including the United States, do not grant copyright to material generated without meaningful human authorship, so purely generated assets may be hard to protect. Second, risk: outputs can resemble existing works. Practical steps are to keep a human artist in the loop, record how assets were made and follow store disclosure rules. We cover the production side in AI in the game art pipeline.

Protecting your own game

• Sign NDAs before sharing unreleased work.
• Keep dated records of design documents and source history.
• Register the trademark for a promising title in your main markets.
• Consider copyright registration where it brings enforcement benefits.
• Use store reporting tools against copies of your art or name.
• Put ownership terms in every contract, including with friends.

When to hire a lawyer

At company formation, before signing a publisher or investor, when licensing a brand, when you receive a legal notice and before launching in regulated areas such as children's games or real-money play. A few hours of advice at those moments is cheap.

How we handle IP

Every project starts with an NDA, and all source code and assets are assigned to the client on payment. Details are on the offer page and about the studio.

Sources: US Copyright Office: What is copyright? · USPTO: Trademark basics · WIPO: Copyright. Checked November 11, 2026.

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