1. Game Industry Roundtable Lessons from Video Game Litigation: Enforcing Rights and Avoiding Risks Susan Fahringer Will Rava

3. Fine Art

4. Social Commentary

5. Educational Tool

6. Medicine

7. Agenda  Your IP (what you have, what to do with it)  Your content  Your EULA  Risks from customers and other third parties  Working with (and dealing with) the Government

8. Your IP  User interface  Game play  Plot, characters  Music  Name  Code  Packaging  A-V aspects of game  And more...

9. Key IP Rights  Copyright  Trademark  Patent  Trade secret  Trade dress

10. Know What You Own  Initial survey (at least key games, key rights)  Periodic audits

11. Preserve (and Clarify) What You Own  Registration of federal TMs, copyrights  Patent protection / your patent strategy  Make reasonable efforts (at least) to protect your trade secrets  Adopt the right contract terms (with employees, independent contractors, anyone exposed to company confidential information; licenses; etc.): Be explicit as to who owns what

13. Know What You're Using  Audits of license agreements  Company policy/awareness not to use others' IP  Employment agreements  Independent contractor agreements  Sales/marketing materials

14. Know What Others Are Doing With Your IP  Monitor Infringement  Use your customers & distribution chain  Make it easy to report infringement  Proactively look for infringement  Educate customs officials to help stop importation

15. Enforcing Your Rights  Identify the problem  What's your goal?  Align your strategy with your goals  Mind your limitations (and tell your counsel what they are)  Choose your target  Choose your approach

16. Your Content  Others' IP  Torts  Publicity

17. Your Content – Others' IP

18.  Trademarks  Products (trademarks, trade dress, design)  Music/Audio  People (name, image, likeness)  Sports issues (leagues, coaches, venues, etc.)

19. Your Content – Others' IP Where you use it:  In game  In marketing, advertising

20. Your Content – Others' IP Practical Considerations:  Exposure  Type of use  Likely cost  Term  Termination rights

21. Your Content – Torts High school shooting cases  Sanders v. Acclaim Entertainment, Inc.  James v. Meow Media  Wilson v. Midway Games, Inc.

22. Your Content – Publicity (and more)

23. Your EULA

27.  Conspicuousness  Severability  Fairness  Dispute resolution  Privacy and security  Property rights

28. Risks from Others  Indirect infringement  Contributory infringement  Inducing infringement  Vicarious infringement

29. Minimizing Risks  Make it easy to report violations  Make it easy to resolve infringement accusations (EULA)  Don't turn a blind eye to infringement, especially if it benefits you

30. Privacy & Security Issues  Customer terms of use (limits on liability, arbitration clause, etc.)  Reasonable privacy policy  Plan ahead to deal with a breach (incident response team)  Most common allegation: negligence

31. Other Issues  Subpoenas (process to respond)  Access issues (breach of contract issues)  Property rights issues (follow EULA and make it terminable at will)

32. Government  Content regulation  Crimes  Taxation  Government as your friend

33. Government – Content Regulation StrickenPending WashingtonFederal (x3) MissouriDelaware IndianaMassachusetts MichiganNew York CaliforniaNorth Carolina Illinois Minnesota Louisiana Oklahoma

34. Government – Crimes  Property crimes  Child pornography  Crimes against people/avatars  Financial crimes

35. Government – Taxation

36. Government Can Be Your Friend Governmental actors can help you by:  Protecting and enforcing your IP rights  Prosecuting crimes  Passing favorable legislation (and defeating bad legislation)

37. Questions?