Protecting Intellectual Property in Mobile Games

Mobile games have gained a lot of popularity in the last decade in the market. As the industry advances, the need to safeguard the IP behind these games is more significant than ever. To game developers, IP such as code, artwork, music, and game mechanics are worth a significant amount. But, due to so much competition, there is also so much copying and infringement of Intellectual Property rights.

Developers, especially those working for a mobile game development company, must utilize various IP protection methods to guard their creations. On the other hand, the right strategies can also help to gain a competitive edge and allow content creators to harness their ideas to the maximum. In this article, the writer examines the major tools and strategies that may be used to protect ideas in the present-day mobile gaming industry.

Understanding Mobile Game IP

Before digging into protection specifics, it helps to understand what IP encompasses in mobile games. Key assets include:

1. Game Code. The software code bringing the game to life can contain valuable logic, systems, and technical IP. This code base represents years of effort and knowledge.
2. Artwork and Assets. All visual components like characters, environments, UI elements, etc. make up integral IP. These assets help define a game's look and feel.
3. Music and Audio. Unique sounds, scores, and audio effects also constitute protectable IP and greatly contribute to games' ambiance.
4. Game Design Ideas. The game concepts, mechanics, progression systems, and similar design IP form the foundation for gameplay.
5. Branding. Titles, logos, and iconic elements recognizable to players all comprise branding IP. This helps establish identity.

It is also important to note that in many mobile games, these types of IP are integrated seamlessly and are presented in a rather polished manner. However, not all IP is the same as far as the law is concerned.

IP Protection Basics

It is important for mobile developers to have basic knowledge of how they can legally protect their IP. As for the methods, they are different depending on the type of IP and the jurisdiction. Some common protection tools include:

1. Copyright law provides automatic protection for works of authorship such as paintings, music, and literature. Registration has certain advantages, but it is not obligatory.
2. Patents are protections for inventions and cannot be issued without the proper application. They can preserve game technology and mechanics.
3. Trade marks protect branding investments such as names and logos. They are protected by registering for federal registration.
4. Trade secrets protect any business information that is deemed to be of commercial value. This includes all the game codes and designs that have not been published.

It is recommended that developers should employ protection measures most appropriate to their most valuable IP. There are also other forms of IPs such as game design documents which need to be protected by having proper security measures put in place by the teams.

It is therefore important to acquire an understanding of the basics in order to be able to strategically secure the IP. However, the mobile space has its own set of problems.

Key Mobile Gaming IP Threats

Mobile's low barriers to entry, instant distribution, and developer anonymity empower copying at unprecedented levels. Some top threats include:

• Clones. Games or assets copied with minor changes are rampant on app stores. These "clones" leverage others' IP to produce derivative works.
• Art and Asset Theft. Because artwork gets prominently displayed, it's often stolen and reused illegally in other games or media.
• Code Theft. Bad actors lift sections of game code or reverse engineer it to support their own titles or tools.
• API/SDK Abuse. Many games leverage third-party tech like APIs and SDKs. Usage terms often go ignored, constituting IP theft.
• Offshore Outsourcing Risks. Some developers offshore coding work, exposing IP to theft. Lack of contracts and oversight exacerbate this.

Myriad threats put game IP constantly at risk. Thankfully developers have expanding options to mitigate issues.

Protecting Game Ideas and High-Level Design

Game concepts themselves can't obtain legal protections like copyrights or patents. But developers still have recourse against idea theft. Methods include:

• Innovation Protection Services. Services like Innovature catalog details and timestamp game designs to serve as evidence if stolen.
• Non-Disclosure Agreements (NDAs). NDAs bind those exposed to confidential game information not to share or utilize it without permission.
• Provisional Patents. These let developers file essentially a placeholder patent to establish invention ownership while products get built.
• Publishing Early Builds. Releasing alpha/beta versions publically constitutes disclosure and helps prove originality dates.

While stopping idea theft outright remains challenging, savvy developers can still take proactive measures to support claims.

Safeguarding Game Code IP

Game code underpins final products, and its IP protection is multifaceted. Best practices include:

1. Code obfuscators programmatically scramble software to make it much harder to reverse engineer while preserving functionality.
2. Digital rights management solutions attach encryption and usage tracking to prevent unauthorized use or copying.
3. Digitally signing builds help prove authenticity and code integrity when distributing to app stores and players.
4. Watermarks invisibly tag code files to identify leaks back to the studio if found in the wild.
5. Source control systems log all code changes so authorship gets documented should disputes arise later.

Following these software development methods makes stealing functional game code significantly more difficult.

Securing Art and Creative Assets

Art IP protection hinges on controlling duplication and monitoring distribution channels for theft. Top tips include:

1. Watermarks visibly or invisibly tag image files so that copies get identified by the studio.
2. Fingerprinting techniques imperceptibly alter pixel data to fingerprint images. Copies produce the same fingerprint, and tracing distribution.
3. The Digital Millennium Copyright Act allows legal takedown requests to remove infringing artwork online.
4. Reduce art theft chances by only sharing finalized assets ready for release vs works-in-progress.
5. Actively search asset marketplaces using watermarks and fingerprints to find stolen content.

For indie developers, manually policing unauthorized artwork usage remains impractical at scale. But even basic diligence around securing creative IP pays dividends.

Safeguarding Branding and Trademarks

A game's title, logos, and other branding constitute key intellectual property. Best practices for their protection include:

1. USPTO Registration. Federally registering trademarks establishes nationwide legal ownership for enforcing rights.
2. Enforcing Rights. Leverage cease and desist letters and legal action against those infringing protected marks.
3. Brand Monitoring. Search app stores, domains, and trademarks regularly for potential brand misuse or "squatting".
4. Consistent Branding Use. Using marks properly and consistently across marketing materials bolsters trademark validity.
5. International Filings. File trademarks in key overseas markets to also control branding abroad as well.

Though branding IP rarely drives direct revenue, protected marks convey trust, and credibility, and help player retention long-term.

Special Considerations for Outsourcing and Contract Work

Many developers leverage outsourcing in areas like art production, music composition, and even coding. However improper handling of third-party work can introduce IP risks. Strategies here include:

1. Vetting Contractors. Review portfolios, use referrals, and conduct interviews to validate those accessing project IP.
2. Work for Hire Agreements. These contracts clearly assign IP rights of contractor outputs to the developer.
3. Phased Payments. Withhold partial payments until work finishes to incentivize timely delivery and protect IP interests.
4. Local Partners. In-country partners help source and oversee reliable contractors that operate closer to home.
5. Security Best Practices. Require collaborators to use password protection, encryption, watermarking, etc. to secure IP assets.

Ultimately people fuel innovation, so outsourcing enables scaling quality content quickly. Structured agreements and relationships protect both developer and contractor IP throughout the process.

Expanding Revenue Streams Through IP Licensing

Thus far we've explored protecting IP from misuse. However, for successful mobile titles, licensing IP also represents an untapped monetization opportunity. Developers can authorize third parties to leverage game IP in exchange for royalties. This provides players with more ways to engage with beloved brands while creating incremental revenue channels.

• Character Licensing. Popular characters present opportunities for sponsorships, merchandising, and appearances across media.
• Audio Licensing. Many iconic game soundtracks and scores lend themselves to licensing in areas like broadcasting and performances.
• Brand Licensing. Large brands have the potential for promotional licensing deals encompassing toys, apparel, foods, and other consumer products.
• Location-Based Entertainment. Titles with strong narrative and characters readily convert into real-world theme park attractions and events.

Structuring the right licensing partnerships requires legal know-how. But for games already excelling at IP protection, licensing represents the next logical step toward extracting additional value.