Saint Augustine, FL asked in Copyright and Intellectual Property for Florida

Q: If I wanted to copyright art for a new card game, would that protect just one card, or every single one?

I'm making a new card game, and while all of the art is original, I'm worried someone might steal it. If I were to copyright it would it protect all of my art or just one single card?

2 Lawyer Answers
Alan Harrison
Alan Harrison
Answered
  • Intellectual Property Lawyer
  • Milford, CT

A: You could file a copyright registration for each individual card or for the whole set of cards. If you file for the whole set as one registration and someone copied just one card there is an argument that their copying would be de mínimus (not a big deal) compared to the whole set of cards.

James L. Arrasmith
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Answered

A: When you create a card game with original artwork, you automatically have copyright protection for each individual piece of art you created. However, registering your copyright with the U.S. Copyright Office (assuming you're in the United States) provides additional benefits and makes it easier to enforce your rights if someone infringes on your work.

You have a couple of options for registering your copyright:

1. Register each card artwork individually: This provides the most comprehensive protection, as each piece of art would have its own copyright registration. However, this can be time-consuming and costly if you have many cards.

2. Register the card game as a collection: You can register the entire game, including all the artwork, as a single collection. This is more cost-effective and efficient than individual registrations. It protects all the artwork within the game, but if you need to take legal action, you may only be able to claim damages for the collection as a whole rather than for each individual piece.

It's important to note that copyright only protects the artistic expression, not the game mechanics or rules. If you want to protect the game's unique mechanics or rules, you might consider applying for a patent, although this is a more complex and expensive process.

Consulting with an intellectual property attorney can help you determine the best course of action for protecting your specific card game and its artwork.

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