Protect Your Game

Stephen Charles McArthur speaks at Casual Connect

MISTAKE #1: Trying to use an NDA to protect your game.

When hiring contractors (and in some places even employees) to build your game with code and images, you need to get them to sign a “Work For Hire Agreement.”

Make sure you have a work for hire agreement that says:

“Contractor acknowledges and agrees that all of
Contractor’s Works shall be considered a “work
made for hire” and that [Company] obtains
ownership of all of the rights comprised in the
copyright of the work.”

“inventions and trade secrets”
Employee assigns and conveys any and all right, title, and interest in any intellectual property to Company…

And Contractor waives their moral rights in the Work.

MISTAKE #3: Not Registering Your Copyright

FACT: Not filing a copyright registration within 3 months of publishing your game severely prejudices your rights.

e-file your copyright application at
•The registration fee is $55.
Current Processing Time
Processing Time for e-Filing: generally, up to 8 months
Processing Time for Paper Forms: generally, up to 13 months

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By David Michaels

David Michaels, J.D., B.Eng., CHRM is a trained attorney who holds certificates in Canadian Trademark Law (2012) and Canadian Patent Law (1996) from McGill University. He has worked in the area of trademark law in Canada since 1995 and in the USA since 1993. David is a legal blogger, brand consultant, an eCommerce entrepreneur, and an aeronautical engineer. Warning & Disclaimer: The pages, articles and comments on do not constitute legal advice, nor do they create any attorney-client relationship. The articles published express the author's notes of the current state of trademark law and should not be attributed as opinions of the author, his employer, clients or the sponsors of The author does not warrant that these notes are up-to-date. Trademark law is constantly changing and it varies between jurisdictions and even within jurisdictions. This website should not be relied upon.