QUESTION
Do Kickstarter donations count as 'selling a product'?
Asked on Jul 11th, 2013 on Intellectual Property - Wisconsin
More details to this question:
We are interested in making a very large mod of the game Skyrim using Pokemon, with a unique plot and game play. We would like to fund the production of the mod with Kickstarter, but we are unsure if the donations would constitute selling the mod, and would therefore be copyright infringement. The way we interpret it, as long as we don't sell the final product, we are n the clear, since Kickstarter funds are donations. Are we correct?
1 ANSWER
I would think that it would have no effect since an invention that has not reached the point of "being ready for patening" cannot be sold. On the other hand, if the invention has been fully developed and you are just seeking funding to go into production, and as part of the kickstarter funding you are providing the investor with the invention once it is produced, then you would be safer to file a patent application before putting it on kickstarter.
Answered on Jul 22nd, 2013 at 3:25 PM