As a player or content creator, protecting your own content is just as important as respecting the IP rights of others. Here are some key strategies to safeguard your creations:
Be cautious to prevent any claims
Infringement could have negative effects on your profile and account in video games and social media such as temporary and permanent blocking. It could also generate claims in real life (courts). In order to avoid surprises or any negative consequences, make sure you review all the elements of your content that could be subject to IP rights, or that could infringe someone else´s IP rights. Remember that while some platforms might allow using third-party content (for example music) this might have consequences for the monetization of the content.
Manage your IP
You might not be aware that some elements you use can be protected by an IP right. Think about those elements that are important in your activity as a player, streamer or even for your followers, and consider registering them to secure protection (in the case for trademarks, for example) or to document your creation to facilitate enforcement (in the case of copyright, for example). This is the first step to avoid others using your content without authorization and the basis for career development, such as sponsoring agreements and collaborations. This includes gameplay videos, original music and artwork.
Personalization
In addition to creating a visual identity with your followers, personalizing your content via watermarks or branding can be useful in engagement and can also help deter unauthorized use while making it easier to identify your work. This is particularly useful for images, videos and live streams. In the case of video platforms also consider adopting best practices in terms of the metadata contained in your videos; this could help with monitoring and even monetization in the future.
Teamwork and ownership
You might collaborate with many people or eventually ask others to prepare or work on content you incorporate or use in a video, for example. In some cases, it might seem unnecessary to formalize these arrangements via written the agreements that regulate the terms of these collaborations, but the lack of clarity and proof that you actually own the content might eventually cause you to be unable to use a brand, logo or other content in which you invested a lot of effort and that generates engagement with fans. In order to avoid future problems, make sure to reflect in writing, in the form of contracts, agreements or licenses, who owns the outcome of a project when more than one person is involved, whether they are contributors, employees, freelancers or just friends. Whenever in doubt, think about the question: How can I prove I own this content?
Authorizing the use of your content
If you collaborate with other creators or allow others to use your content, make sure that everybody involved understands the conditions to use the content, how they can use it (modify, adapt, etc.) and the duration of these agreements. The best option is to have those elements in writing, preferably in the form of a licensing agreement. Remember that the previous registration of your content could be important to bring certainty about your ownership over the content you are authorizing.
Monitoring and Enforcement
Regularly monitor the internet for unauthorized use of your content. There are various tools and services available in the market that can help you track where, how, by whom and how much your content is being used. If you find challenges in monitoring and enforcing, re-think your strategy in terms of personalization of your new content or even adapt old content. In many cases, it might be in your interest that your content is disseminated, but under some conditions, such as mentioning you as the creator. If you find unauthorized use that you would like to stop, take appropriate and immediate action, such as sending a cease-and-desist letter or filing takedown request procedures that might exist in the country of the infringement. (Most platforms have an internal notification system related to infringement).
Legal advice
The safest solution is to consult a legal professional to understand your rights and the best ways to protect your content. There are many different ways that legal professionals can help you, from personalized advice regarding how to protect your IP through registrations and other legal actions to drafting licensing agreements for use in your daily activities.
Team player
You might receive proposals to become a member of a team. It is important to understand the agreement with the team to avoid unpleasant surprises. Agreements might include exclusivity over some elements of your activity, such as streaming, for example. Of course, avoid any breach of contract once the agreement is signed. Remember, disputes might arise.
Think about using alternative conflict resolution clauses such as a WIPO clause in the contract (for more information go to https://www.wipo.int/amc/en/center/specific-sectors/videogames).