Copyright is a concept that transcends national borders, although it’s not universally applied. Approximately twenty governments worldwide do not adhere to the Berne Convention for the Protection of Literary and Artistic Works, commonly known as the Berne Convention. In Europe, this right is more commonly referred to as “Authors’ Rights,” while in other countries, it’s called “Copyright.” In practice, however, they refer to the same thing.
So, what is copyright? Simply put, it all started in 1886 with a series of initiatives aimed at protecting the rights of creators — individuals who produce intellectual works of various kinds, whether artistic, scientific, or technological. It’s important to make a distinction here: an intellectual work is not a product, but rather a piece of art or an “idea” for a product. For example, consider books: a book (the physical object made of paper) is a product, but the story within it is an intellectual work. This means you can use a book to prop up a wobbly table, but you can’t sell copies of it without permission from the rights holder!
In 1886, there were no computers or software, so there was no protection for such things. However, during the 1970s and 1980s, partly due to pressure from major software companies, all countries adhering to the Berne Convention agreed that software should be protected by copyright, much like a book. Hardware, on the other hand, is typically protected by patents, which grant the right to exploit an invention rather than an intellectual work.
For anyone creating video games or related resources such as music, models, and graphics, it’s crucial to understand that all these elements are intellectual works and, as such, are protected by copyright. Did you make a game that’s less than stellar? Doesn’t matter! You’re a creator, and your work is protected by the Berne Convention from the moment it’s made public. Most legal systems recognize the “moral” right of authorship from the first publication, which means the moment your work is shared in any form, it gains protection — no registration required. Your rights are automatically yours, with no need for further action.
A lawyer might advise you to register the work in some cases, but this step is not necessary to establish your rights. It might simplify legal proceedings if someone infringes on those rights, but your work is protected simply because you created it. However, be cautious not to infringe on others’ rights. Using models or images from the internet without permission can lead to lawsuits, and the chances of losing are high if you don’t own the rights to them.
This topic is vast, but for an English-language website with international reach, it’s best to avoid diving too deep into specifics that only apply to one country. I encourage you to research the laws of your own country further. For my Italian readers: a reference point is Italian Law April 22, 1941, No. 633. Apologies to everyone else for the Italian focus!