iGaming Business magazine iGB 112 Sept/Oct 2018 | Page 139

Regulation
IN DEFENCE
OF IDEAS
Original ideas are critical to success in any creative industry but proving
ownership of those ideas can be difficult. Michael Browne uncovers
the extent to which the law can offer protection
The protection of intellectual property (IP) is a key concern
for many online gaming companies. But IP is a term that is often
used loosely and without a proper understanding of the collection
of disparate legal rights to which it refers.
Some businesses might be surprised to learn that certain
aspects of their casino games that they regard as their IP cannot
be easily protected under English law. Protection of the general look
and feel of a game often falls into this category. Conversely, there
might be aspects of a game that can be protected with the benefit
of the necessary legal insight and forward planning.
Copyright isn’t the only game in town
Copyright is often the first IP right that comes to mind when
considering the protection of ‘visual’ material such as online
games. In the UK, copyright protection extends to original graphic
works, which can include the graphical output of online games.
The entirety of a game’s GUI, as well as the individual graphic
elements that comprise it, may well be protected in copyright.
However, there are also important limitations to the protection
afforded by copyright that games developers ought to be mindful
of. For one thing, copyright protects the expression of an idea
only and not an idea in and of itself. This means that the general
concept, format and mechanics of a game (which, together, often
“Images produced by a computer program are
individually protectable as separate
copyright works, the visual effect of a
number of images displayed one
after the other is not”
Michael Browne is a partner at Wiggin.
He advises on the enforcement and exploitation
of all forms of intellectual property, as well as
competition law issues. He was assisted in
producing this article by associate Nick Allan.
contribute significantly to the overall look and feel) are unlikely
to be protected by UK copyright in many cases.
Moreover, the protection of graphic works has been given a
limited scope by the English courts in the specific context of
electronic games. In particular, the court has stated that while the
individual frames/images produced by a computer program are
individually protectable as separate copyright works, the visual
effect of a number of images displayed one after the other is not.
This effectively excludes copyright protection for ‘motion’ effects in
electronic games.
These limitations to the potential scope of copyright protection
for front-end visuals in online games highlight the need to take a
more holistic approach when considering IP protection.
It’s (not just) the name of the game
Most businesses will be aware that the primary way to protect
trading names in the UK is to obtain a registered trade mark.
However, it is important to bear in mind that, in principle, any
sign capable of being represented graphically and which is also
capable of distinguishing goods and services can be protected as
a registered trade mark.
That means that not only is a business or trading name or
the names of individual games or a games series potentially
protectable, but so too are many other aspects of a game’s front-end
user interface, such as static or moving logos, colours, icons and
characters. Sounds have long been protectable so long as they can
be represented by graphical notation.
i GamingBusiness | Issue 112 | September/October 2018
135