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#GrowingGames August 21, 2014. Kim G. Hansen from Integra Law on Intellectual Property Rights.
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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
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.