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[chrisrwingate]

Hello,

My friend and I created a card game that was used to simulate the mechanics of a fighting game in 2004.  This game was based off the Capcom Crossovers series and it grew a small group of players. Because we over complicated the rules of the game fans lost interest. So we decided to go no further. We kept the website up in hopes of regaining popularity. The game was up from May 11th, 2004 to December 23, 2005. The site our game was on was hacked and our site crashed sometime later. A couple years ago I was thinking about the game and how great an idea it could be if simplified, when a friend informed me that someone made a game that was exactly like ours. The game was published in 2011, and the maker said he was working on it for six years. Making when he started working on it in 2005. The core mechanics of his game are identical to ours. We are just wondering if our game was copyrighted when we published it on the web and if we had grounds to pursue legal action.

Some more things:

"Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device." (http://www.copyright.gov/help/faq/faq-general.html)


If I am understanding this correctly; my idea should already be copyrighted; that is, if it is able to be copyrighted.

"Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be." (http://www.copyright.gov/help/faq/faq-general.html)

Once again, not an expert but seems like it is saying that the mechanics or the "system" of the game cannot be copyrighted but the expression can be.  Does this mean the fact that the original idea was a playing card game designed to simulate a fighting game much like "his" game boasts?  Am I wrong?

"You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work." (http://www.copyright.gov/help/faq/faq-general.html)

This is where I am either confused or just too damn optimistic. With the way it is worded it sounds like registration is required to have a lawsuit. 

However, is this at the time I wish to bring a lawsuit or does it have to be before "his" game was ever made?

If I cannot register now, what does the "automatic" copyright protection do? I personally feel between the dates and "his" relation to the company that our game was based off of, no doubt proves he didn't just have the same idea as us, he stole it.

Thanks for any help you can give!

[artchain]

Game mechanics are not protected by copyright law.

Some aspects of the game, such as card designs, or the written rules, might be protected, and if those elements were actually copied, you might have a case. 

But if they simply created a game with the same play mechanics, and created their own graphics and text, then they have not violated your rights.

[Zonath]

Well, you pose an interesting question here.  Yes, I believe that you would have some form of copyright in your game, since copyright is automatically granted to creative expression which is fixed in any tangible medium.  So, your expression would be covered by copyright when you typed it into the computer, published it online, and whatever else.  On the other hand, I don't know how much protection game mechanics get necessarily, since copyright doesn't protect "any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."  I suppose there might be certain features of your game mechanics which might qualify as expression, but that's really a question that would need to be analyzed by someone with a good knowledge of what your game mechanics actually are.

An interesting corollary to this first question is whether or not you would yourselves have been infringing upon the rights of Capcom (and possibly others) when you created your card game, since it seems unlikely that you got a license from a major game manufacturer to create a derivative work using their trademarked and copyrighted characters.  So, even if you happened to be successful in suing your alleged infringer, your lawsuit could simply attract the attention of Capcom, who could possibly sue you for infringement.  Again, this is a question which would need a good deal of analysis from a professional who is aware of the exact extent of your use of those intellectual properties in order to answer the question of whether or not you would have much exposure from any infringement there.

But the basic answer is that, to the extent that this alleged infringer has copied any expression which could be protected by copyright, you could have cause for legal action.  I suppose that's not a terribly firm answer, but not knowing or assuming any additional facts, it would probably be misleading to give a more definite answer.

[chrisrwingate]

Thanks for the reply! I updated the information just as you guys replied... LOL.

Game mechanics are not protected by copyright law.

Some aspects of the game, such as card designs, or the written rules, might be protected, and if those elements were actually copied, you might have a case. 

But if they simply created a game with the same play mechanics, and created their own graphics and text, then they have not violated your rights.

But is the expression that I created a card game using ordinary playing cards that you can use to replicate a fighting game worth anything in a court?

Well, you pose an interesting question here.  Yes, I believe that you would have some form of copyright in your game, since copyright is automatically granted to creative expression which is fixed in any tangible medium.  So, your expression would be covered by copyright when you typed it into the computer, published it online, and whatever else.  On the other hand, I don't know how much protection game mechanics get necessarily, since copyright doesn't protect "any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."  I suppose there might be certain features of your game mechanics which might qualify as expression, but that's really a question that would need to be analyzed by someone with a good knowledge of what your game mechanics actually are.

An interesting corollary to this first question is whether or not you would yourselves have been infringing upon the rights of Capcom (and possibly others) when you created your card game, since it seems unlikely that you got a license from a major game manufacturer to create a derivative work using their trademarked and copyrighted characters.  So, even if you happened to be successful in suing your alleged infringer, your lawsuit could simply attract the attention of Capcom, who could possibly sue you for infringement.  Again, this is a question which would need a good deal of analysis from a professional who is aware of the exact extent of your use of those intellectual properties in order to answer the question of whether or not you would have much exposure from any infringement there.

But the basic answer is that, to the extent that this alleged infringer has copied any expression which could be protected by copyright, you could have cause for legal action.  I suppose that's not a terribly firm answer, but not knowing or assuming any additional facts, it would probably be misleading to give a more definite answer.

We did not register our game, nor did we register or copyright anything by Capcom.  It was merely a fan game and the idea of the game has little to do with their characters; I could copy and paste Abraham Lincoln and George Washington and it would play the same... though it'd probably be a bit strange.

The attention from Capcom scares me a little bit but once again, I'm not arguing that "CCCG" is copyrighted; I'm arguing that expression is.

Thanks for the great answers!

[Zonath]

But is the expression that I created a card game using ordinary playing cards that you can use to replicate a fighting game worth anything in a court?

Well, 'fighting game using ordinary playing cards' sounds a lot like a system, not expression.  It's just like nobody could copyright poker (assuming for a second that poker isn't too old to qualify for copyright protection anyhow), since the basic idea of how the cards interact is a 'system.'  There's nothing that's at all truly expressive in the idea that a full house beats two pair.  Patent protection does cover things like game ideas, but since you made your system available to the public years ago, it's probably a bit late to file for a patent.  Of course, with that said, the actual instructions are typically written in an expressive mode (just like this message board posting, where it expresses facts, expresses them in a way that requires at least a modicum of original expression), so if the potential infringer actually copied the instructions directly, it could be considered infringement of a copyright.

We did not register our game, nor did we register or copyright anything by Capcom.  It was merely a fan game and the idea of the game has little to do with their characters; I could copy and paste Abraham Lincoln and George Washington and it would play the same... though it'd probably be a bit strange.

I think that a battle royale between Chief Executives of the United States would make for a really great game.  Would Washington have a cannon at his disposal, or would he just be able to shoot fireballs from his eyes?

Anyhow, back on topic.  I would generally suggest you keep the links to the real-life stuff behind this question off the board, since you never know who might be peeking in.

If I am understanding this correctly; my idea should already be copyrighted; that is, if it is able to be copyrighted.

Ideas are not able to be copyrighted.  Don't worry if you don't completely understand this concept at first gasp -- lots of people (even attorneys) struggle through the idea/expression divide.  But I think the basic thing that should come away from this is that 'card game designed to simulate fighting games' is pretty solidly on the idea side of the table.

This is where I am either confused or just too damn optimistic. With the way it is worded it sounds like registration is required to have a lawsuit.

However, is this at the time I wish to bring a lawsuit or does it have to be before "his" game was ever made?

You must register your copyright prior to initiating a lawsuit.  You may still register your copyright even after infringement has begun, and in fact a lot of copyrights get registered just so that the owner will be able to sue a known infringer.  That said, registration prior to any infringement has certain advantages in a copyright lawsuit, such as the ability to claim certain statutory damages and the ability to claim attorney fees (which are two of the big incentives to bring a copyright infringement lawsuit).

[chrisrwingate]

But is the expression that I created a card game using ordinary playing cards that you can use to replicate a fighting game worth anything in a court?

Well, 'fighting game using ordinary playing cards' sounds a lot like a system, not expression.  It's just like nobody could copyright poker (assuming for a second that poker isn't too old to qualify for copyright protection anyhow), since the basic idea of how the cards interact is a 'system.'  There's nothing that's at all truly expressive in the idea that a full house beats two pair.  Patent protection does cover things like game ideas, but since you made your system available to the public years ago, it's probably a bit late to file for a patent.  Of course, with that said, the actual instructions are typically written in an expressive mode (just like this message board posting, where it expresses facts, expresses them in a way that requires at least a modicum of original expression), so if the potential infringer actually copied the instructions directly, it could be considered infringement of a copyright.

We did not register our game, nor did we register or copyright anything by Capcom.  It was merely a fan game and the idea of the game has little to do with their characters; I could copy and paste Abraham Lincoln and George Washington and it would play the same... though it'd probably be a bit strange.

I think that a battle royale between Chief Executives of the United States would make for a really great game.  Would Washington have a cannon at his disposal, or would he just be able to shoot fireballs from his eyes?

Anyhow, back on topic.  I would generally suggest you keep the links to the real-life stuff behind this question off the board, since you never know who might be peeking in.

If I am understanding this correctly; my idea should already be copyrighted; that is, if it is able to be copyrighted.

Ideas are not able to be copyrighted.  Don't worry if you don't completely understand this concept at first gasp -- lots of people (even attorneys) struggle through the idea/expression divide.  But I think the basic thing that should come away from this is that 'card game designed to simulate fighting games' is pretty solidly on the idea side of the table.

This is where I am either confused or just too damn optimistic. With the way it is worded it sounds like registration is required to have a lawsuit.

However, is this at the time I wish to bring a lawsuit or does it have to be before "his" game was ever made?

You must register your copyright prior to initiating a lawsuit.  You may still register your copyright even after infringement has begun, and in fact a lot of copyrights get registered just so that the owner will be able to sue a known infringer.  That said, registration prior to any infringement has certain advantages in a copyright lawsuit, such as the ability to claim certain statutory damages and the ability to claim attorney fees (which are two of the big incentives to bring a copyright infringement lawsuit).

You pretty much hit the nail right on the head. George Washington shooting Honest Abe with his eyes lasers would be a pretty good game! Your advice is really good as well, as you noticed, I have removed the personal information.

I was pretty much under the assumption that there was very little I could do in the way of lawsuits; but my girlfriend insisted I was wrong.  Good to see I was right and even more glad I'll be able to forgot about the whole thing.

Thank you again!!!!!