What game designers should know about copyrights and trademarks | Zachary Strebeck

Zachary Strebeck, a lawyer who focuses on the laws that affect games, gives his thoughts on what designers and publishers should be aware of when it comes to copyrights and trademarks.
The BGDL site with lots of resources: boardgamedesignlab.com
BGDL podcast: boardgamedesignlab.com/episodes/
BGDL Facebook community: / bgdlcommunity
Gabe's main channel: www.youtube.com/@gabebarrett/...
Find my t-shirts and books here: gamenightoutfitters.com
Find my board games here: bestwith1.com
Find my #1 motivation tool here: 4kweeks.com/?ref=7eAeVqPs
(And be sure to use coupon code GABE to take 5% off your order!)
*All of these links provide revenue for the channel through either direct sales or affiliates.

[@ezraclark7904]

Useful info, a lot of people get distracted by the high minded design part of game making and don't think to put in the legwork.

[@andyandrew2453]

Why it didn't got thousands of views ? This video game me free information that solved all my questions.

[@PittsTake]

Great info, Thank you.

[@Frederickam]

Question. My tabletop game has the same name and images that are identical to my copyrighted book. To my understanding, the name of my game, as well as the images, are protected under the copyright of the book. Is this true?

[@cnlicnli]

@Frederickam wrote, “My tabletop game has the same name and images that are identical to my copyrighted book.”
Copyright does NOT protect names or titles of things, including books, movies, and games. Trademarks, on the other hand, can protect the names of (distinctive) products & services.
@Frederickam wrote, “To my understanding, the name of my game, as well as the images, are protected under the copyright of the book. Is this true?”
Images (photographs, illustrations, drawings) are copyrightable if they include a sufficient amount of creativity.
So, if the photographs from your tabletop game are copyrightable, then your (photo) copyright would extend to your book.
To help *presumptively prove* that your photographs, books, games are copyrightable, you should IMMEDIATELY get them registered with the US Copyright Office (USCO). The USCO will review your copyright registration application and deposit (what you’re registering). If your works fit within the scope of copyright subject matter + include some creativity, the USCO will mail you a Certificate of Registration, and that’s you’re *“prima-facie evidence” (proof) of your copyright validity.*

[@dreamingacacia]

it's not "unfortunately" that the "game mechanics" are not gonna protected by the copyright. Game mechanics are finite and therefore required to be public knowledge. Same as common words which nobody can "own" specific word. "Character powers" can be protected, though not mechanically but same as any Marvel characters which got protected for the very specific things such as Iron man. While you can have color schemes and simple shapes similar to Iron man, you must have something distinguish enough from the direct usage of Iron man for the "common fair use" which covered all the combination of colors or simple shapes but not for distinct characters. That being said, who own Slime from Dragon Quest? Blue ball with eyes. Obviously you can use blue ball with eyes and call it slime, but not the distinct face of the Dragon Quest slimes.
I'll be honest, law stuffs are just too stupid. People are always there to exploit others for their own benefits. It's the way of uncivilized people to make some gains.