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Have you created an Indie game? With what steps?

interpolator
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praetus interpolator
Don't get me wrong, I'm not asking "how you model dem games?" Some coworkers and I have gotten permission to work on our own game on the side and I am curious as to what steps you may have taken to create, secure, and develop your own IP. We'll be using Unity and focusing on creating for the mobile game platform (iPhone, iPad, and Android devices mainly. Some thing I would appreciate information on are-

  • Securing a name and copyright for the IP
  • Same as above but for studio name
  • Watching out for patent trolls
We have already started development and will hopefully have something to show this community soon. Before that can happen though we need to finish up our demo as well as secure our copyright. Any information you guys have would be helpful. If it is any help, we are located within Virginia, USA.

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  • Ben Apuna
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    I have no idea, but these three sites I bookmarked recently might be a good place to start looking into things like that:

    Pixel Prospector - The Big List of Business Resources

    http://underdevelopmentlaw.com/blog/

    http://www.gamesbrief.com/

    I hope that helps, good luck! :)
  • slipsius
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    slipsius mod
    in order to copyright your work, you dont need to get it officially copyrighted, spending money to do so. all you have to do, for a story/characters and what not, print it out, and mail it to yourself. when you get it in the mail, do NOT open it. it is now dated with a government stamp. so should someone ever steal your design, you bring that to court, the judge opens and sees your stuff.

    and yes. thats legit. I know a copyright lawyer. though, thats just to protect your ideas and what not. i think once you get established, you`ll want to do all the paperwork and stuff. but i dunno how to go about doing that.

    studio name, i blieve you have to register somewhere?
  • chrismaddox3d
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    chrismaddox3d polycounter lvl 17
    I started an online eCommerce business and got the name copyrighted.
    Went down to the local government office and paid i think it was $50 to do so.
    Bought the domain first then went down and they check make sure its not taken.
    You get a tax id number and have to report taxes on sales every quarterly.
  • Cybroxide
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    Cybroxide polycounter lvl 17
    slipsius wrote: »
    in order to copyright your work, you dont need to get it officially copyrighted, spending money to do so. all you have to do, for a story/characters and what not, print it out, and mail it to yourself. when you get it in the mail, do NOT open it. it is now dated with a government stamp. so should someone ever steal your design, you bring that to court, the judge opens and sees your stuff.

    and yes. thats legit. I know a copyright lawyer. though, thats just to protect your ideas and what not. i think once you get established, you`ll want to do all the paperwork and stuff. but i dunno how to go about doing that.

    studio name, i blieve you have to register somewhere?

    Are you positive on this, I've heard otherwise. Also the things pointed out in this article seem to say otherwise as well. Double check with your copyright layer friend to make sure. http://www.plagiarismtoday.com/2006/08/25/the-myth-of-poor-mans-copyright/
  • Acr0
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    Acr0 polycounter lvl 5
    an ex co-worker of mine actually started developing a flash game after he was laid off from his previous job, and has a blog about it:

    http://indyalpha.blogspot.com/

    interesting read
  • slipsius
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    slipsius mod
    cybro, its not the be all end all in any means. but say you wanna copyright something, and are waiting for it to go through, or something like that. or just saving up money to do so. its a good start.
  • greevar
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    greevar polycounter lvl 6
    You should register your copyright with the Library of Congress. All new "original" works are granted copyright upon creation, but it will be much less difficult to defend the copyright if it's registered. It will make it much harder for others to sue you if they try to claim that your work is theirs.
  • mdeforge
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    mdeforge polycounter lvl 14
    I wish I could find the youtube series... it was about a small group of guys, I think around four of them, that sacrifice a lot and start developing a game in the unreal engine. This was before the UDK was out, and IIRC, they only had a few months to prove they could do something cool with it and pitch it to CliffyB. I think they brought out a guy from the Army at one point to show them the proper stances and animations for the game. They were developing an online shooter of sorts.

    Anyways, it was really interesting to watch. They were pretty real about what was going on and it was very inspiring to watch them progress. Sadly, I don't know what ever happened to their game.
  • dolemite
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    you should probably have nightly meetings with your crew. This issue should take about 10+ hours of meetingsturbation to resolve. You need copyrights or someone will just DL your game, put it on their site, and start charging money for it.
  • praetus
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    praetus interpolator
    dolemite wrote: »
    you should probably have nightly meetings with your crew. This issue should take about 10+ hours of meetingsturbation to resolve. You need copyrights or someone will just DL your game, put it on their site, and start charging money for it.


    The question isn't about whether or not to copyright the game. We fully plan on doing that just for the sake of protecting ourselves. It's more so about how to actually go about copyrighting it and the proper legal process required for starting our own company.

    Thank you guys so much. I'll have plenty of reading to catch up on I think.
  • dolemite
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    I guess I don't understand the issue. Just start making a game.
  • monster
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    monster polycounter
    I've been at Robot Entertainment since the beginning. It's a unique start up because we had 45 people that got together, and we had a project and publisher to work with on day one. But we've still had to discuss these types of issues.

    I think you may be confusing Copyright, Patent, and Trademark.

    You need to Trademark the NAME and LOGO of the game and company.
    You Copyright the game, or rather the works created that make up the game. (Not really as important as the trademark.)
    You don't need a patent. That's for inventions.

    Before you Trademark you can do a trademark search:
    http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4001:8qle5p.1.1

    Search for individual words in the title/name as well as combinations of them. You don't need to worry about Copyright until you are all done with the game.

    But honestly like dolemite said, "Just start making a game." Don't tell anyone the working title just call it something like Project Praetus. If you get close enough to the finish line then start filing TradeMarks. We worked on Orcs Must Die for about 6 monthes before we decided on the title, then we trademarked it.
  • monster
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    monster polycounter
    Another thing about Trademarks....

    If you are making a Car Racing game called "Land of Speedos." But you find out there is a beachware clothing line called "SpeedoLand." It's probably still okay. But if it's a magazine about cars or racing, then it may not be okay.

    For example, in our Orcs Must Die trademark we listed that we would be making video games, toys, comics, and several other entertainment mediums.
  • praetus
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    praetus interpolator
    Monster: Thank you, this is exactly the type of info I needed. We've actually been working on the game for the past month or so, I was just curious with the legal aspects rather than the game creation.

    Making the game isn't the problem as we are experienced developers. However we know next to nothing about starting a company, that's the real issue.
  • Kwramm
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    Kwramm interpolator
    monster got it!

    trademarking costs money, so hold off on it. Also a trademark must be used within a certain time frame or it expires - this means you're either actively working on a project related to it, or you already finished it.

    copyright exists the moment you create something. No need mailing yourself anything (or do you guys think Blizzard, Disney and Co have a room full of unopened envelopes?). The whole "mail it to yourself" myth is some "clever" idea to prove you were the first to create a piece of art because someone thought that sealed letters are so terribly secure. Register with the US copyright office.

    Or just do it like any other studio: keep your mouth shut. Have people sign a NDA. The rest of the industry handles it like this - so should you, if you're paranoid.

    If you release trailers, etc. then put a copyright notice on them and a date and your name.
  • eld
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    eld polycounter lvl 18
    And if you are going to trademark something or do anything law-related, have a lawyer look at it, it's worth the cost.
    praetus wrote: »
    Making the game isn't the problem as we are experienced developers.

    But making a good one and then getting it out there is :P
  • praetus
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    praetus interpolator
    eld wrote: »
    But making a good one and then getting it out there is :P


    True enough. We're trying to set ourselves up with realistic expectations and trying to not get ahead of ourselves with gameplay mechanics. Hopefully by the end we'll have a successful title that we're proud of.
  • eld
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    eld polycounter lvl 18
    In any case, don't worry about copyright and trademarking it yet, just be sure you aren't infringing on anyone else's trademark or copyright.

    If the game starts selling and becomes super popular you can always trademark it then, save the complicated stuff for when it gets serious.
  • greevar
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    greevar polycounter lvl 6
    Eld is right. At this level, copyright and trademark are going to be a hindrance rather than help you. It's more important to get yourselves known. Worry about that stuff when you have something that's worth protecting against rivals and trolls. You'd be better served by making your first game viral (not to mean for no pay, experiment on your pricing model to see what works) and establishing yourselves in the public mind (a.k.a. the social networks).

    - Buying a game is a risk for consumers; they can't get their money back if they hate it.

    - It's a luxury item to them, something they can do without.

    - It needs to be something they won't dwell on the price about, an impulse buy.

    - It's about what the consumer wants, so don't impose any barriers/make them jump through hoops (*cough*DRM*cough*, not that I'm saying you would) in order to enjoy the content or they will just walk away from it.

    - Your wants as a business must not overrule the wants of the consumer. Anything that supports your bottom line, but doesn't add value for the buyer is probably not the best idea (this is a soft rule, it can be flexible depending on how much the consumers will bear).

    - Focus on your customers and not the people who aren't. They aren't worth the effort because it takes away time and money that could be spent creating the best experience for your customers/fans.
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