Can You Own an RPG in America? Navigating Copyright, Trademarks, and the Legalities of Tabletop Games
The question "Can you own an RPG in America?" isn't as simple as a yes or no. It depends on what you mean by "own." You can't simply claim ownership of Dungeons & Dragons or Pathfinder—those are established intellectual properties with robust copyright and trademark protection. However, you can own various aspects of your own role-playing game, and understanding the legal landscape is crucial.
Understanding Intellectual Property Rights in RPGs
Creating a role-playing game involves several layers of intellectual property (IP) that you can protect:
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Copyright: This protects the original creative expression in your RPG, including the story, setting, characters, rules, artwork, and any written material. Copyright is automatically granted upon creation, but registration with the U.S. Copyright Office provides additional legal benefits and strengthens your claim.
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Trademarks: If you have a unique name for your RPG, setting, or even a specific character, you can register it as a trademark. This prevents others from using your name in a way that might confuse consumers and dilute your brand. Think of the iconic symbols and names associated with major RPGs; these are carefully trademarked.
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Patents: While less common for RPGs themselves, you might consider patents if you've invented a truly novel game mechanic or system that is unique and inventive enough to meet the requirements for patentability. This is generally a higher bar to clear than copyright or trademark.
What You Can Own: Crafting Your Unique RPG
You can "own" your RPG in the sense that you own the rights to your original creative work. This means:
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Your Original Setting: You can create and own the copyright to a unique fantasy world, sci-fi universe, or historical setting. This includes the maps, lore, cultures, and unique elements that you develop.
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Your Original Characters: Similarly, the characters you design—their backstories, personalities, abilities, and visual representations—are protected by copyright.
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Your Original Rules System: The game mechanics, character advancement systems, and combat rules you devise are also covered by copyright.
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Your Original Artwork and Writing: All the illustrations, maps, and written content you create for your RPG falls under copyright protection.
What You Can't Own:
You cannot claim ownership of pre-existing elements from other works. Copying substantial portions of another RPG's setting, characters, rules, or artwork constitutes copyright infringement. Using similar names or imagery to established RPGs might also lead to trademark issues. Always ensure your work is original and avoids any unauthorized appropriation of intellectual property.
Protecting Your RPG: Practical Steps
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Register your Copyright: Formal registration offers legal advantages and makes it easier to prove ownership in case of disputes.
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Register your Trademarks: If you have a unique and memorable name for your RPG, consider registering it as a trademark to protect your brand.
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Proper Licensing and Attribution: If you use any third-party assets (music, art, etc.), ensure you have the proper licenses and give appropriate credit.
In conclusion, you can't simply "own" an existing RPG, but you can own the intellectual property rights to your original RPG. By understanding copyright, trademark, and patent law, and by taking proactive steps to protect your work, you can successfully create, own, and manage your own role-playing game in America. This requires careful planning and potentially legal consultation to ensure your work remains protected and your creative vision is safeguarded.
