Copyright filing required?

I've just about finished my project and already a business license established for it as well as getting a small web site and BMT Micro setup from the guides I've read up on.  However, the guides aren't quite clear (I may have over looked it) about copyright filing.  Is it safe to assume or should a copy right be filed for the game titles name prior to releasing it, especially if it's to a 3rd party such as the RM sites recommended here or is it considered copyright when the product is in the works/already created?

Thanks

I was reading on the forums here but I didn't find something 100% to this question.

Copyright is automatic. Trademark is the one you file for.

Ok is trademark required then prior to submitting?  I didn't see any of that either -- especially in the guides, as far I know, thanks.

I think you usually don't need a trademark at all. Sorry, my knowledge of copyright is pretty good but I haven't needed to learn much about trademarks.

You don't need a trademark, but if someone else files a trademark under the same name as your game and you don't detect that in time to prevent it, then he can require you to rename your game or prevent its distribution after the trademark claim has been confirmed.


So the minimum you need to do is check if there are any trademarks (confirmed or pending) under your game's name, and regularly check that for future claims.


So it's a question on whether you want (and can) pay the trademark fee to prevent that work, or simply be on guard for someone else filing a similiar trademark and countering the claim before it gets confirmed.

Wouldn't a copyright originally conflict with that or is that pretty a double edge sword since copyright kicks in automatically from the original works  I doubt heavily the 3rd party websites would try to pull that stunt off so it's basically a question how worried I should be.

Copyright and Trademark are two different things and protect two different aspects of your work.


Copyright contains the sum/combination of everything, and how you did it.


Trademark contains the name or logo, and prevents someone to sell something else under the same name.

So someone could trademark a name but it could be something totally not related (like a book or some other creation) but the copyright only protects the aspects of original work to that work (like two different things - same name but two different copy rights)

I can see why people say it can get rather confusing....

So for copyrights it's legal to put, let's say a credit roll sequence Name of Game/Name of Company or creator ©/Year but only if you purchase the Trademark can you put TM/All Rights Reserved?  I think I'm reading this correctly....

Basically yes - and there have been quite a lot of problems due to trademark registering, especially in the computer business.


For example, it's trademark and NOT copyright that shoots down fangames if a company decides to move against them - their creaters have the copyright on their own work after all, but they used the names and logos of the original game in their "fangames", and that was the forbidden part.


OK, if they had used their own logos and names it would no longer be a fangame but their own creation - but then no one could have blocked them from distributing their own game if they hadn't used the trademarked names and logos.


On the other hand, without trademarking there would be a lot of other problems because there are people who would try to barge in on someone else's success with lesser quality - just look at cheap copies in clothing that look identical but are sometimes even made with poisonous (but cheaper) components.

Ok so Trademarks aren't a HUGE worry unless I plan to make multiple X games of a series or if it becomes REALLY REALLY popular.  I know what you mean by fan based games, I've seen companies shut these down (like a fan base for Chrono Trigger).  Personally on a side note, I'd be honored if someone made a fan game based off mine, it just says I've affected someone in a good way; it promotes the product too.