Publishing a Game as an Individual + Copyright/Trademark Questions

[Geode890]

Hello all. This may be a bit extraneous to Steam itself, and while I'm sure many people have the same desire, I've long wanted to create a game for publishing on Steam (and maybe other platforms). Is there any sort of comprehensive guide for doing so as an individual?

I saw one topic that mentioned I can publish a game as an individual just by using my full name as the company, which will luckily allow me to avoid needing to register a legal company (feel free to correct me on this if needed), but have found little in ways of trademarks and copyrights and such in any sort of comprehensive guide, and even fewer so in relation to anything Steam-specific. Essentially, I'm hoping to avoid stepping on others' toes while simultaneously semi-protecting something that I'd created so it couldn't be copied 1:1. Likewise, I've found pretty different answers in regards to if it's an issue for publishing anything that has inspirations from other games' mechanics. I'm sure there's some line that can be crossed where games are a little too similar and with using, and want to be sure to not cross that line.

I'm not sure if this tends too close to asking for legal advice, but any help and/or starting areas are appreciated! I’m planning to take the stereotypical route of using Unity, if there are any particular quirks with that. Likewise, I’m not planning on being tyranical with copyrighting/trademarking things, but just generally want to get a sense of what all I should avoid and look out for.

[Zekiran]

Publishing =/= just for Steam.

If you want to have trademarks and copyright control, you must actually do the legally required things:

Create a DBA - "doing business as" account and pay for that. Create your assets and make sure that they are in fact yours to use, and submit that as a whole with the rest of the product for its full copyright coverage, and pay for that. If you have a specific name and logo, that can be trademarked (that is the only thing that can, unless you want to start getting into images and likenesses, etc that's a kettle you don't want to deal with) and pay for that - trademarks are not cheap.

Essentially, I'm hoping to avoid stepping on others' toes while simultaneously semi-protecting something that I'd created so it couldn't be copied 1:1.

Either it is yours to copyright, or it is derivative work, which is not yours to copyright. While 'technically covered', using assets found on stock sites, using assets found as paid-use, etc, still doesn't make those individual assets yours, they are licensed or must be linked / credited fully in the end product.

If you mean "an idea", you cannot in any way copyright or trademark an "idea", so make your work and don't worry about 'being copied 1:1 because I guarantee that your work is going to be similar to a dozen other things already, sight unseen.

When you say "inspirations from other game mechanics" - plenty of games already do that. Sometimes it's reliant on the engine you choose to use for creating the game, which lends itself to a specific type of mechanic. There are only limited ways to do fetch quests, stealth, death animations, or sus out invaders. Again, don't worry about that, unless you literally lift something that has rarely been copied or is so obviously someone else's idea.

Once you have a fully fledged game, you can send it to Steam.

Or, you could do a 'trial run' on itch.io, see if what you want to do 'works', and publish a fuller version later.

[Geode890]

Originally posted by Zekiran:

Publishing =/= just for Steam.

If you want to have trademarks and copyright control, you must actually do the legally required things:

Create a DBA - "doing business as" account and pay for that. Create your assets and make sure that they are in fact yours to use, and submit that as a whole with the rest of the product for its full copyright coverage, and pay for that. If you have a specific name and logo, that can be trademarked (that is the only thing that can, unless you want to start getting into images and likenesses, etc that's a kettle you don't want to deal with) and pay for that - trademarks are not cheap.

Essentially, I'm hoping to avoid stepping on others' toes while simultaneously semi-protecting something that I'd created so it couldn't be copied 1:1.

Either it is yours to copyright, or it is derivative work, which is not yours to copyright. While 'technically covered', using assets found on stock sites, using assets found as paid-use, etc, still doesn't make those individual assets yours, they are licensed or must be linked / credited fully in the end product.

If you mean "an idea", you cannot in any way copyright or trademark an "idea", so make your work and don't worry about 'being copied 1:1 because I guarantee that your work is going to be similar to a dozen other things already, sight unseen.

When you say "inspirations from other game mechanics" - plenty of games already do that. Sometimes it's reliant on the engine you choose to use for creating the game, which lends itself to a specific type of mechanic. There are only limited ways to do fetch quests, stealth, death animations, or sus out invaders. Again, don't worry about that, unless you literally lift something that has rarely been copied or is so obviously someone else's idea.

Once you have a fully fledged game, you can send it to Steam.

Or, you could do a 'trial run' on itch.io, see if what you want to do 'works', and publish a fuller version later.

I’m 100% new to this so sorry if this is a dumb question, but is the DBA account a type of Steam account, or something entirely different? I came across a mention of it in something else I read, and it seemed like you weren’t supposed to use one of those to publish games as an individual. As a whole, I’m not looking to get too crazy into the legal side of this. I’m mostly hoping to do this for fun, but want to make sure nobody will just re-skin and re-upload it, and want to be sure I won’t be waking up to an inbox full of lawsuits lol
I’m going to be making the models and hopefully, despite my complete inexperience with it, music myself, so that shouldn’t be an issue

[Zekiran]

No, it has nothing at all to do with steam.

While you CAN use "just your name" here, if you want to actually publish anything in the real world and make real money off it, you need a BANK ACCOUNT with that info on it.

Whether you like the legal side or not, that is part and parcel of 'publishing' anything. Be it a book, comic, movie, game, or product.

As far as "make sure no one will" Dude, *someone will steal it if it is any good*.

That is also part and parcel of publishing literally anything under the sun. it's why people sometimes use the excuse to create NFT products - it's ridiculously easy to get around any and all 'safeguards'. However, if you have a business licenced account and bank account, professional legal materials, and the like? You're better equipped to DEFEND your stuff, because it will absolutely be stolen left and right. That's just how the current era is.

If you don't have a legally present copyright statement and paperwork, you cannot enforce a DMCA takedown of someone stealing your stuff.

[Zekiran]

Also I want to add, even though this all sounds very daunting:

You keep making your product!!

It's worth dedicating effort to! It's also a good example of just how HARD it is to make a fully fledged "product" when it's artistic like this! Keep at it!

[[N]ebsun]

Originally posted by Geode890:

I’m mostly hoping to do this for fun, but want to make sure nobody will just re-skin and re-upload it, and want to be sure I won’t be waking up to an inbox full of lawsuits lol
I’m going to be making the models and hopefully, despite my complete inexperience with it, music myself, so that shouldn’t be an issue

When you create something, and do not include a license - the copyright is assumed.
People cannot copy your material without your permission, unless you allow it through some kind of agreement - like a license or verbally agree to it, etc.


"When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device."

"Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”"

see: https://www.copyright.gov/help/faq/faq-general.html

[Zekiran]

Technical copyright is not legally binding, in any tangible way. Just because someone 'has it on their hard drive' is not, i repeat not, going to help in a DMCA situation, so you know.

[Geode890]

I’m going to avoid making my reply a billion lines long by quoting everything, but I want to thank you all for your replies! For the record, I would bet against this thing I’m making being anything someone would copy. I just like to get a feel for the full flow of things that I start and figured this would be a good chance to do so.

I think you can enter your own bank account if you sign up as an individual, as scary as that may be to link that directly up to Steam, so that shouldn’t be an issue I don’t think. I’m definitely going to finish out the game regardless of what state it ends up in, and if it’s good enough then I’ll see if it warrants listing in the first place :P