Article · Intellectual Property

Registering Copyright in Board Games and Video Games

Type
Article
Jurisdiction
National
Date
2025-04-19
Topic
Intellectual Property

A game hands copyright law a paradox: the element players prize most—the rules, the mechanics, the method of play—is exactly what copyright refuses to protect, while the art, text, music, code, and on-screen display wrapped around those rules are guarded with real force. This UpLaw research guide traces the uncopyrightability of game systems from Baker v. Selden through 17 U.S.C. § 102(b), explains the merger and scènes à faire doctrines that finish the filtering, and inventories every protectable layer of a board game or video game. It walks through registering each component with the U.S. Copyright Office—choosing between a literary-work and a visual-arts claim, registering a video game's audiovisual display and its code, and clearing the identifying-material deposit rules that snag tabletop publishers under 37 C.F.R. §§ 202.20–202.21. Anchored by the leading cloning decisions in Tetris Holding, LLC v. Xio Interactive, Inc. and Atari, Inc. v. North American Philips, and sharpened by counterexamples such as the Golden Tee dispute in Incredible Technologies v. Virtual Technologies, it shows how the actual-copying and substantial-similarity framework decides which clones a studio can stop. It closes with the trademark, patent, trade-dress, and trade-secret tools that fill the gaps copyright leaves open, plus registration playbooks and FAQs for designers, studios, founders, and the lawyers who advise them.

Registering Copyright in Board Games and Video Games

Intellectual Property > Copyright Registration | Published 19 April 2025 - Updated 27 April 2025 | UpLaw - uplaw.us

The best thing about a game—the way it plays—is the one thing copyright will not protect. Everything around that core (the art, the words, the music, the code, the moving images on screen) can be locked down hard. This guide explains the split, names the cases that draw it, and maps how to register every protectable piece of a board game or video game.

Keywords: copyright registration games, board game copyright, video game copyright, game rules not copyrightable, idea-expression dichotomy, Section 102(b), Tetris Holding v Xio, Atari v North American Philips, audiovisual work, abstraction-filtration-comparison test, scènes à faire, merger doctrine, substantial similarity, Copyright Office Circular 44, identifying material deposit, trade dress, statutory damages, work made for hire

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