What's the situation when someone develops a game or product based on third party software (with permission) i.e a "vanilla" product or engine that is made available for that purpose - then someone else comes along and uses it?
In true lawyer style I have to say it depends on what the licence terms of the "vanilla" software are.
Use of middleware is extremely common in games and other applications but each have there own terms concerning modifications, adaptations and improvements etc - so it all turns on what they say.
Non-derivative works i.e. those that aren’t derived from the "vanilla" code should belong to you.
The code in that work would be protected as a literary work so that a substantial part of the code could not be reused by someone else without consent. Also art and visual assets would be protected as artist copyright works.
However functionality per se is not protectable.
So if someone has just copied the ideas then its hard to do anything.
If the owner of the "vanilla" tech has taken his mods and is entitled to under the "Vanilla" licence then its hard to do anything.
However if someone has copied his original work or a substantial part then its possibly copyright infringement.
The key is to make sure that before using any third party software youunderstand the terms - and if someone does copy your work to look to enforce your rights once you have understood what they are.
Alex Chapman
SHERIDANS SOLICITORS | WHITTINGTON HOUSE | ALFRED PLACE | LONDON | WC1E 7EA
TEL: +44 (0)20 7079 0145 | FAX: +44 (0)20 7079 0235 | WWW.SHERIDANS.CO.UK
30 September 2008 by Alex Chapman
Alex is a partner with Sheridans and a leading lawyer in the interactive and digital media industry with particular expertise in intellectual property matters.
Alex is a partner with Sheridans and a leading lawyer in the interactive and digital media industry with particular expertise in intellectual property matters.
Bloggers
- Alex Chapman (8)
- Alex Gillett (1)
- Benjamin Ellis (17)
- Benn Achilleas (7)
- Bex Clarke (5)
- Bootlaw (1)
- Borz Farahani (1)
- Chinwag News (100)
- Chinwag Team (31)
- Ciaran (1)
- Colin O'Malley (1)
- Danielle Dalkie (4)
- Danny Bluestone (2)
- Dave Williams (1)
- David Rowden (1)
- Deirdre Molloy (16)
- Diana Gray (1)
- Diana Yeboah (3)
- Dominic Campbell (1)
- Emily Fisher (5)
- Fiona Du Vivier (1)
- Francesca Heath (33)
- Graeme Harvey (1)
- Guy Rigby (1)
- Jamie Riddell (12)
- John Horsley (5)
- Jonathan Wardle (1)
- Julia Eilon (2)
- Julian Ranger (1)
- Lauren Cotton (95)
- Lauren Macready (1)
- Luke Walker (1)
- Mellissa Norman (2)
- Nicky Swain (6)
- Nikki Barton (5)
- Phil Haslehurst (1)
- Richard Woods (4)
- Sam Michel (339)
- Sam Turner (1)
- Sarbjit Bakhshi (2)
- Scott Allison (1)
- Scott Meyer (2)
- Shannon Lee (2)
- Sherrod Dine (1)
- Simon Caine (15)
- Suzanne Morrow (51)
- Tim Ash (1)
- Tim Butler (1)
Archive
- February 2012 (7)
- January 2012 (13)
- December 2011 (10)
- November 2011 (17)
- October 2011 (26)
- September 2011 (25)
Chinwag on Twitter
Chinwag Newsletter
Updated Chinwag Profiles
- Tuomas Hietanen -
- John Boult - Brunel University
- Tom Smith - Trendstream and GlobalWebIndex
- Josh Ayto - Cadbury
- Alexander Clark - Interactive Marketing Agency


Comments
Post new comment