A business development toolkit designed for Quebec’s video game studios. It brings together practical insights and reliable resources to help studios understand the key challenges of building and growing a business, and know where to find additional guidance.
The Game Studio Toolkit
1.7 Intellectual Property Fundamentals
Intellectual Property Fundamentals
In a video game studio, much of the value created is intangible: code, characters, artwork, music, writing, game titles, internal tools, and other content.
Intellectual property (IP) helps establish which rights may apply to these assets, who owns them, and how the studio can use them.
A video game brings together different types of creative work that may be protected in different ways. Copyright plays a major role, but trademarks, trade secrets, and, in some cases, other forms of IP may also be relevant.
The goal is not to become an intellectual property expert. It is to be able to answer one practical question: “Does the studio actually own or control the rights it needs to develop, commercialize, and continue expanding its game?”
Key Takeaways
- A video game combines multiple creative assets and different types of rights. No single form of protection automatically covers every element of a project.
- Paying someone to create an asset does not necessarily mean the studio automatically owns all the rights to that work.
- The studio should be able to trace the origins of its key assets and understand the legal basis for using them.
- IP is also a business asset. It can influence financing, partnership agreements, licensing opportunities, and the overall value of the studio.
Why It Matters
A studio can invest several years in developing a game without necessarily owning all the rights it believes it holds.
The code may have been written before incorporation, the music composed by an external collaborator, certain visuals created by a freelancer, and assets or technologies sourced from third-party providers.
These questions often become important when signing with a publisher, securing funding, granting a licence, adapting IP into another medium, or considering a business transaction.
A good practice is therefore to keep track of what was created, who created it, who owns the rights, and on what basis the studio is authorized to use each important element of the project.
Ressources
La Guilde Service Partners Who Can Help
ROBIC is a law firm specializing in intellectual property. Its expertise includes copyright, trademarks, patents, industrial designs, business law, and emerging technologies. For video game studios, the firm can provide guidance on protecting and managing IP assets, ownership rights, trademarks, licensing agreements, and strategies for maximizing the value of intellectual property.
SIXØCINQ supports video game studios with legal, corporate, and strategic matters, drawing on its understanding of the industry’s specific challenges. Its services include contracts, collaboration agreements, corporate structuring, and the protection and commercialization of intellectual property assets.
Additional Resources
Mintbox, a La Guilde member, is an agency specializing in trademarks. Its team helps businesses with trademark availability searches, name development and selection, registration, portfolio management, licensing, assignments, and trademark monitoring in Canada and internationally. For video game studios, this resource is particularly relevant when choosing and protecting the name of a studio, game, or franchise.
Canadian Intellectual Property Office | Intellectual Property Rights for Software in Canada
A useful reference for understanding how different intellectual property rights apply to code and software. It covers copyright, trademarks, trade secrets, and the use of open-source software.
Canadian Intellectual Property Office | Trademarks Guide
An official resource for studios looking to better understand how to protect their business name, brand identity, or game title in Canada.
Podcast | Intellectual Property in the Video Game Industry
A discussion exploring intellectual property issues in the video game industry, featuring La Guilde member Lovelace and Vincent Bergeron from partner firm ROBIC. This resource offers an industry-specific perspective on IP and complements the more legal and institutional references provided in this section.