QUESTION
A video game company took my IP. Do I have a case?
Asked on Aug 23rd, 2016 on Intellectual Property - Massachusetts
More details to this question:
To keep it simple. I have had an alias and presence on the internet for 18 years. That same alias is also the main focus of several games, comics, and animations over the years. I have a domain name registered since 2005 with this character's name / my alias. About a year ago, a major video game company created a character and used it in their game. The character is IDENTICAL to mine, with a minor variation. I don't want to share personal details yet, but the only difference is a minor space in the character's name. (My character could be 2 words put together, but it's not. They put a split in the two words, which for my character, is 1 word.) Aside from that, which I assume they did thinking it would avoid a suit or something similar from me, the character is identical. Same features, etc. I am not popular but have an imprint and valid copyright on this. I did not pay the $50 registration fee. My copyright is well immortalized on the internet. Do I have a case?
1 ANSWER
You may. We would have to see all of the facts, but under copyright law, the works at issue need only be "substantially similar," and you would also have to prove that the other company had "access" to your character, which, if it was visible online, you could possibly prove. You have copyright protection even without having registered it with the copyright office, but if you were to pursue an infringement in court, you would be required to register your copyright first, and then you still would not be entitled to statutory damages, although you would be entitled to other money damages, but the proof would be more difficult.
Answered on Aug 29th, 2016 at 5:26 AM