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You can find a video gaming lawyer here at Revision Legal. We have the experience and legal skills to provide the various types of services that video gaming developers and video gaming companies need. We invite you to call us at 231-714-0100 or 855-473-8474 or use our “Contact Us” page.
We have decades of experience in intellectual property law. You may need to register trademarks for your video game development. We can help.
You may even need a patent lawyer if your computer code structure is novel and patentable. We can help with patent applications.
You may need copyright legal services – a common legal need for video game businesses. Aside from copyright registration, we can provide legal advice and counsel with respect to ownership issues. If various original works of authorship are jointly created, then there may be a need for a joint-ownership copyright registration AND for ownership agreements to be drafted and executed. We can also provide guidance on work-for-hire arrangements, copyright assignments, and copyright licensing. For example, if your video game is using copyrighted material, if you can obtain a licensing or use agreement from the copyright owner, then such material does not have to be removed or redone.
We can also provide dedicated and trusted legal services if — and when — you decide to sell your video game. Aside from the price, you need good legal representation to protect your rights and to ensure that you are not accidentally “giving away” legal rights and protections buried in the fine print of a contract drafted by the buyer’s attorneys.
But our firm also has a significant depth of experience for other types of legal needs for video game developers. We are talented, aggressive, and proven litigators. You may need to defend against a lawsuit or prosecute a lawsuit. We have litigated in both State and Federal courtrooms. There is a surprisingly large set of possible lawsuits for those involved in video game development. These include intellectual property infringement cases, other types of business disputes, contract disputes, employee disputes, tenant/landlord disputes, government investigations, regulatory actions, and more.
You may also need legal help with other issues, such as:
Contact the Video Gaming Attorneys at Revision Legal
For more information, contact the experienced Video Gaming Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
Video game development sits at the intersection of multiple legal disciplines. Unlike businesses that operate in a single regulatory lane, video game developers routinely face issues in intellectual property law, entertainment law, employment law, corporate governance, and consumer protection. Understanding which type of lawyer you need — and when — can save significant time and money.
Video games are heavily layered intellectual property assets. A single title may contain dozens of separately protectable elements: character designs, sound effects, musical compositions, story scripts, source code architecture, and distinctive game mechanics. Each layer requires a different form of IP protection, and overlaps are common.
Copyright law under 17 U.S.C. § 101 et seq. protects original works of authorship fixed in a tangible medium. For a video game, that means the audiovisual elements — artwork, animations, cutscenes, and the underlying software code — are all copyrightable. Registration with the U.S. Copyright Office is not required for protection to arise, but registration is required before you can file a federal infringement lawsuit and is necessary to recover statutory damages up to $150,000 per work infringed (17 U.S.C. § 504(c)).
Trademark law under the Lanham Act, 15 U.S.C. § 1051 et seq., protects brand identifiers — the game title, studio name, character names used commercially, and distinctive logos. A strong trademark registration with the USPTO creates a presumption of ownership nationwide and allows you to record the mark with U.S. Customs and Border Protection to stop importation of counterfeit goods.
Patent protection is available for novel and non-obvious game mechanics, user interface innovations, and certain software processes. Game patents are contested terrain — abstract ideas are not patentable under Alice Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014) — but concrete technical innovations implemented in software can still qualify. A patent attorney with a technical background in computer science is essential for this analysis.
Most video games are team efforts. Programmers, artists, composers, voice actors, and writers may each contribute protectable creative work. Without proper written agreements, joint authorship under 17 U.S.C. § 101 can result in each contributor owning an undivided share of the entire work — meaning any co-owner can independently license the game to third parties without the consent of the other co-owners. That is a devastating outcome for a developer expecting exclusive control.
The solution is work-for-hire agreements executed before any work begins. Under 17 U.S.C. § 101, a work created by an employee within the scope of employment is automatically a work made for hire, vesting copyright in the employer. For independent contractors, the work must fall within one of nine specific statutory categories AND there must be a written agreement signed by both parties designating it as work made for hire. Game development content — artwork, code, scripts — often qualifies. Getting the agreement right matters; getting it wrong leaves you co-owning your game with every freelancer who contributed.
Bringing a video game to market almost always involves licensing agreements with distribution platforms — Steam, PlayStation Network, Xbox, the App Store, Google Play, and others. These platform agreements are drafted by the platforms and are heavily weighted in their favor. Key provisions to scrutinize include revenue share structures, content moderation rights, takedown procedures, dispute resolution clauses, and the platform’s ability to delist your game without cause.
If your game uses licensed third-party content — music, footage, character likenesses — each license must be reviewed to confirm the scope of permitted use. A license that permits use “in the game” may not extend to promotional trailers, streaming broadcasts, or remix versions. Failure to stay within the licensed scope creates infringement exposure even if you paid for the underlying license.
The video game industry generates a steady volume of IP litigation. Developers face copyright infringement claims alleging that game elements were copied, trademark infringement suits over allegedly similar titles, and trade secret claims from departing employees or partners. On the offensive side, developers must be prepared to enforce their own rights against clones, unauthorized mods, and counterfeit merchandise.
Notable cases illustrate the range: Tetris Holding, LLC v. Xio Interactive, Inc., 863 F. Supp. 2d 394 (D.N.J. 2012), held that game mechanics are not protectable by copyright but the specific expression of a game’s look and feel may be. Blizzard Entertainment, Inc. v. Jung, 422 F.3d 630 (8th Cir. 2005), addressed software license restrictions and reverse engineering. Understanding where the legal lines fall in your specific situation requires experienced IP litigators — not just transactional attorneys.
Online games that sell to consumers — particularly those with loot boxes, in-app purchases, or subscription models — face increasing regulatory scrutiny. The FTC actively monitors deceptive monetization practices. Games directed at children must comply with the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq., which imposes strict consent requirements for collecting personal data from users under 13. State privacy laws, including the California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100, impose additional obligations on companies serving California residents.
Terms of service and end-user license agreements (EULAs) must be carefully drafted to withstand legal challenge. Courts have invalidated arbitration clauses in EULAs that were not conspicuously disclosed. A video gaming lawyer can review and revise your EULA, privacy policy, and refund policy to reduce legal exposure and comply with platform requirements.
Revision Legal’s video gaming attorneys handle the full spectrum of legal needs for developers, publishers, and studios — from startup formation through exit. Contact us to discuss how we can protect your game and your business.
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