Audit of software and computer games for copyright infringement

Intellectual Property, Copyright — these words are familiar to everyone, but their meaning is usually only considered after encountering the consequences of a copyright infringement lawsuit and demands for significant compensation payments. Meanwhile, worldwide, the number of lawsuits filed annually to protect copyrights against unauthorized use is increasing, with software and computer game copyright infringement checks accounting for a large percentage of these cases.

Copyright is an object of unregistered intellectual property. It is often difficult to determine the ownership of a particular intellectual property object by an author or rights holder.

Every software developer, publisher, investor, as well as an entrepreneur using previously created intellectual property objects, is under threat.

What constitutes copyright infringement and what risks does it entail?

A game creator may encounter a vast number of intellectual property objects during the development of their project. Copyright applies to all works, including the game script, texts, musical accompaniment, design, visual elements, computer programs, characters, etc. In the process of creating software and computer games, our clients encounter works that are:

Created by developers and other employees;
Available in the public domain;
Borrowed from third parties;
Used under contract.

When developing software, a website, or another product using third-party copyrighted objects, it is necessary to pay attention to the source of the object, the rights existing in relation to it, and the legal formalization of the rights of use in your project. A common mistake made by entrepreneurs is the failure to indicate the original source or the absence of contractual arrangements regarding the transfer of rights to the work. All these errors and insufficient attention to the use of intellectual property objects entail the risk of liability.

Primarily, one should consider the possibility of the rights holder seeking judicial protection with a claim for compensation for losses incurred or payment of damages. Moreover, in some countries, administrative and criminal liability for copyright infringement is also provided.

How to avoid copyright infringement?

To avoid such situations, before publishing any information and using it in the created product, it is necessary to verify the grounds for using this information, the ownership of the copyright, and the presence of permission for use. Proper legal formalization of copyrighted objects and timely audits of games for copyright infringement allow minimizing the risks of liability for violations of intellectual property copyrights. To prevent copyright infringement, professional preparation of key legal documents is required, such as:

For example:

Employment contracts and service assignments;
Contracts for work or service orders for developers;
License agreements for rights holders;
Agreements on the transfer of copyright.

Each document is thoroughly developed by specialists at Law&Trust based on the individual needs of the client. If the client’s product is already in development or has even been released publicly, a comprehensive preliminary audit of all software or the game will be necessary.

What is a product audit and why is it necessary?

A product audit is an inventory of all objects used in software or during its release. Our team’s specialists, through checking software for copyright infringement, identify all risks related to intellectual property violations, liability, and financial losses.

A timely product audit to detect copyright infringements on intellectual property and the elimination of identified violations can significantly reduce the risks of civil, administrative, and criminal liability.