Quick question... what's the worst that can happen if you get caught ? Remove app only Remove app and be banned from Store Remove app, banned, payback sales to rightful owner Remove app, banned, payback, penalties, infinity
Just stumbled across this topic. I'm a little late to the party but I thought I'd answer.
Infinity!
Let's say you ripped off a Nintendo game and they decided to pursue it. They can ask the courts for anything. If a big corporation like that went after an indie developer or even another big company they can ask for whatever they want. Sales, damage to the brand, reputation, etc... If you had an app that had $10,000 in sales under this scenario, there is nothing to say someone can't sue you for $10,000,000. Whether that is awarded or not depends on a lot of factors.
I probably should have added game credits, but that alone wouldn't stop me from suing someone who stole my content. From the way I understand it, I don't have to put the mark... it's still my stuff. I think Orbz is close to my way of thinking. It's not necessarily about money... it's about how much you're prepared to protect your stuff.
Heh... but perhaps when I update my game... to be on the safe side... I should put that little mark there. I don't want to encourage people to swipe my game by not having the mark there.
Yeah, a little off but I was responding to the last question asked by beaudoin_n
It appeared to me that TinyMonster had already answered the original question. Touching back on the original, you can file a suit against someone if they steal your game but if you haven't filled for copyright protection you won't win a dime. Also, if someone steals your game and files for copyright and you don't, you're screwed.
IMO, if you've got a game that is making or you realistically expect to make significant money on, go to legalzoom or talk to an attorney and protect yourself.
Those links and the links support what I was trying to get at. Although I didn't go on to explain in greater detail. You can go after anyone you want at any time, but you do have to file for copyright if you are going to court. From the link you provided. http://www.keytlaw.com/Copyrights/top10myths.htm#copyright owner
"To bring an infringement action, the owners of the copyright must first register the copyright, which can be done any time before filing suit."
So if you publish a game, then some time after that someone steals it, you'll have to file before going to court.
Sorry if my first post didn't go into greater detail and yes, I have spoken to an attorney about this. I guess the point I was trying to make is if you are making or are expecting to make money, protect yourself. Well.... Here is something else. Maybe I make a game and the graphics aren't that good (which they aren't by the way). I only have $200 worth of sales in a few months. I may not bother at that point to file for copyright. Then, someone steals the game, does a great job with sound, graphics and everything and they make enough money to make it worth your while to go after them. In that case, it definitely might be worth it to pursue.
Comments
There is no requirement inside the game though.
If you make something and you can prove you did it first it is yours.
There is technically never a requirement to get an official copyright for anything.
Its just an extra safeguard
People often forget law isnt really whats on paper. Its what people are willing to fight for in court. ... take that for what its worth
Remove app only
Remove app and be banned from Store
Remove app, banned, payback sales to rightful owner
Remove app, banned, payback, penalties, infinity
Thanks
Infinity!
Let's say you ripped off a Nintendo game and they decided to pursue it. They can ask the courts for anything. If a big corporation like that went after an indie developer or even another big company they can ask for whatever they want. Sales, damage to the brand, reputation, etc... If you had an app that had $10,000 in sales under this scenario, there is nothing to say someone can't sue you for $10,000,000. Whether that is awarded or not depends on a lot of factors.
The courts won't ban you but Apple might.
It seems that the original poster was asking if they should add the © to their game. I didn't get the impression that they were committing copyright infringement.
I didn't add any credits to my game... but on the app store it says © 2005-2010
I probably should have added game credits, but that alone wouldn't stop me from suing someone who stole my content. From the way I understand it, I don't have to put the mark... it's still my stuff. I think Orbz is close to my way of thinking. It's not necessarily about money... it's about how much you're prepared to protect your stuff.
Heh... but perhaps when I update my game... to be on the safe side... I should put that little mark there. I don't want to encourage people to swipe my game by not having the mark there.
It appeared to me that TinyMonster had already answered the original question. Touching back on the original, you can file a suit against someone if they steal your game but if you haven't filled for copyright protection you won't win a dime. Also, if someone steals your game and files for copyright and you don't, you're screwed.
IMO, if you've got a game that is making or you realistically expect to make significant money on, go to legalzoom or talk to an attorney and protect yourself.
Just checked, its about $150 to file with legalzoom http://www.legalzoom.com/legal-copyrights/copyrights-overview.html
http://www.templetons.com/brad/copymyths.html
http://www.keytlaw.com/Copyrights/top10myths.htm
I'm not a lawyer, but that's not the way I understand it.
"To bring an infringement action, the owners of the copyright must first register the copyright, which can be done any time before filing suit."
So if you publish a game, then some time after that someone steals it, you'll have to file before going to court.
Sorry if my first post didn't go into greater detail and yes, I have spoken to an attorney about this. I guess the point I was trying to make is if you are making or are expecting to make money, protect yourself. Well.... Here is something else. Maybe I make a game and the graphics aren't that good (which they aren't by the way). I only have $200 worth of sales in a few months. I may not bother at that point to file for copyright. Then, someone steals the game, does a great job with sound, graphics and everything and they make enough money to make it worth your while to go after them. In that case, it definitely might be worth it to pursue.