know your rights – and other legal mumbo jumbo

Growing Games

Know your rights – and how to retain them

21.08.2014

The Plan

1) Do’s and don’ts in IPR (IPR basics)

2) IPR workshop

3) Tips and tricks for IPR

DO ASK ?

Integra Law Firm background

Specialist lawyers with extensive knowledge of the

gaming business

Clients include: XX, YY, ZZ

The ”would be game developer/tester” - Kim G.

Hansen aka ”Nowhereman”, ”Arnold Layne” and

”The Laughing Gnome”

What is IPR?

Intellectual Property Rights

property rights in intellectual (not material) creations

What may IPR be used for?

• Amazon vs. Barnes & Noble

• Apple vs. Samsung vs. Apple

• Apple vs. Apple

• Intel vs. AMD

Basically the right to prevent others from doing

something – NOT (necessarily) the right to do it

yourself

NB! ”justice does not exist” – it’s money that matters!

IPR crash course

Patents:

• Apply to (technical) inventions that are industrially

applicable

• Granted by application – first to file gets the right

• Lasts up to 20 years from application date subject

to payments of yearly fees

• Prevents commercial use only – not purely private

use

• May apply to software algorithms and methods

IPR crash course

Copyrights (ophavsret):

• Applies to art, litterature, software, music, toons

• Grant economic rights – the right to prevent others

form copying your work or making it availabe to the

public (both commercially and for private use)

• Moral rights – author should be named (except for

software) and works should not be changed unduly

• The rights may be transferred but reverts back to

the author if not used (§ 54)

IPR crash course

Copyrights (ophavsret):

• Always originates from a physical person (not a

company)!!!

• YOU need to transfer the copyright by way of a

written agreement (except for software code)

• The programmer has the copyright to the code

except if explicitly instructed – ”Lex Michangelo”

IPR crash course

Copyrights (ophavsret):

• If a work is created by more people together and it

has no separaple parts the authors have joint rights

• Joint rights mean that you cannot do anything with

the right without everyone agreeing

• YOU need to regulate joint copyrights by way of a

written agreement

• WATCH out for KODA and others in relation to

music

IPR crash course

Copyrights (ophavsret):

• Lasts for 70 years after the dead of the author

• Neighbouring rights

– In practice similar to copyright protection but do not require

the presence of a work (photography, soundtracks,

performing artists, musicians) (may originate from a

company)

IPR crash course

Trademarks:

• Connects your product or service to you in the mind

of the potential customer

• Can be acquired by way of registration or persistent

use

• Is a distinct design, word, logo, smell, colour,

sound

• May last forever (if used)

• Protects against commercial misuse only

IPR crash course

Designs:

• The distinct visual apperance of a product (e.g.

iPad)

• Can be acquired by way of registration or use

• Registered designs may last up to 25 years –

unregistered designs last up to 3 years

IPR crash course

Danish Marketing Practice Act:

• May grant you protection against carbon copy

copies of your company’s signs, dress, or products

• Protects trade secrets (also preventing a

subsequent employer from using the secrets)

• LIMITED TO DENMARK

IPR crash course

Alternatives:

• Secrecy

• Non-disclosure agreements

• ”First-mover”

Combined workshop and coffee break

Go get coffee

Discuss what IPR you are creating or are

dependent upon in your company

IPR tips & tricks

Get your IPR - and hold on to it

• Make sure you always enter into written

agreements with people who provide you with IPR

• Make sure you dont give away IPR in your

agreements – if you can – so that you may reuse

your work (and not be a ”work-for-hire-slave”)

IPR tips & tricks

Get your IPR - hold on to it and don’t

The Dark Side - muhahaha

Real life experiences f. Lars Henriksen, APEX

Growing Games

Employees – blessing or bane?

Kim G. Hansen

21.08.2014

Watch out for your employees

The three phases of employment:

• Phase one: Hiring

• Phase two: Working together

• Phase three: Firing

Watch out for your employees

Phase one: Hiring

• Do’nt ever discriminate!

• Pay attention to the applicants interests

• Make the first three months probationary

• Consider hiring for a project only or for an indefinite

period

• Consider remuneration – for the result (”jobløn”) or

per the hour

Watch out for your employees

Phase one: Hiring

• Do get professionel help when making the

agreement – downloading a form agreeement from

the internet is potential suicide

• Make standard agreements that you can use again

and again

Watch out for your employees

Phase two: Working together

• Make sure you have a written agreement (even if

not legally required)

• Get the IPR

• Remember to fulfill the minimum requirements for

an employment agreement

(”ansættelsesbevisloven”)

Watch out for your employees

Phase three: firing

• Fire when you have to – don’t keep staff that is not

needed or which you can’t afford – make cash flow

projections

• Never fire anyone pregnant (or the like) – unless if

you fire everyone else

• Be nice – but don’t be nice

Watch out for your employees

Phase three: firing

• Make an agreement on the parting if required

(”fratrædelsesaftale”) – but don’t get surprised if the

employee doesn’t stick to it

• Provide the employee with a written statement of

his/hers work – and never be negative in your

assessment (it’s more what you don’t write)

DO GO OUT THERE – AND

MAKE GAMES!

Integra Law Firm’s gaming team

Kim G. Hansen

Robert Jønsson

Camilla Sønderby

kgh@integralaw.dk

roj@integralaw.dk

cas@integralaw.dk

www.integralaw.dk

Bonus

Anyone attending Growing Games is entitled to

one hour of free advice from Integra

Feel free to write or call us.