In a previous post, I gave an overview of what IP clearance is and why you should take care of it in your video game development process. Today I’ll share examples of good practices in gamedev IP clearance, giving you 5 Pro Tips that you can implement in your studio.

And if you want to learn more, I invite you to check my talk on Good Practicies in IP Clearance in Video Games, which took place at Pro Sessions at GameOn in Vilnius in October 2024.

Pro Tip No 1: IP clearance as a process – Manage it!

Let’s start by saying that IP clearance in gamedev can be approached as a process that, like any other, in any industry, is subject to management and risk assessment. Therefore, you should consider the potential risks associated with using IP in your games, and then apply an appropriate, proportionate dose of IP clearance to minimize those risks.

As with any legal liability risk, it would be impossible to 100% eliminate the risk of IP infringement lawsuits in game development. But that probably isn’t the point. Rather, the clue is to tailor the level of IP clearance to the specific circumstances. So the scope and momentum of IP clearance should be proportional to the scale of your venture.

Another thing is that sometimes the risks are immediately apparent and are of such a nature that they force you to take appropriate action, in which case there is no point in deluding yourself into thinking that maybe “somehow it will work out” or explaining that “it doesn’t pay off.”

Pro Tip No 2: Do not delay with clearance – Do it ASAP!

Experience (others’, hopefully, not our own) proves that IP clearance is worth implementing from the early stages of the game development process. This will save you confusion and changes in the later stages of the work, and it will simply be less costly for the game budget.

This seems quite logical, so we will not dig into the subject.

Pro Tip No 3: Age and coulture – Take extra care!

Don’t forget to check the parameters of your production in terms of age rating and to consult cultural consultants, especially if you are considering a game localization in markets other than those with which you are familiar, or if you are inspired by foreign culture and draw from unknown sources.

Even large and experienced teams stumble at this.

Pro Tip No 4: Trademarks – Beware of trademarks!

Trademarks can sometimes be deadly for game developers, and problems happen even in the best families. That’s why you need to diligently check the relevant trademark databases, and don’t ignore alarming results. Clear not only the intended “use” of third-party content in your game, but also your collab partner’s trademarks, as well as your own IP – even if you don’t assume the use of someone else’s at all. This being said, in a word, trademarks are checked always.

So we clear, clear, clear. Especially since we have a lot of know-how in this.

Pro Tip No 5: Procedures and documentation – IP clearance policy rules!

If you want to sleep peacefully and not reinvent the wheel, then implement IP clearance procedures at your studio.

Establish them in your studio (either on your own or with the help of experienced lawyers who will take care of the legal aspects of compliance) and make sure they are understood and applied throughout the game development process.

Of course, there is no such thing as a “legal definition” of an IP clearance procedure for a gamedev studio, and no one has written under any law what such a procedure should consist of. So, it’s up to you to decide how to approach it, and it depends on what your needs are and what risks you identify (see Pro Tip No. 1).

Such procedures usually regulate how to source content, how to check stock database terms and conditions, how to safely draw inspiration or make appropriate differences to exclude risky similarities. While procedures are in place, it’s important that your team is aware of their existence and familiar with their content, as well as making sure that the process of creating your content is documented in real time, leaving a trail and evidence for future potential problems and disputes. We never want disputes and problems, of course, but the risk of them occurring is, after all, the starting point for all IP clearance.

How can a lawyer help? 

Do you have questions about the IP clearance process? Do you need to implement good practices at your organization, train your team, or maybe you wonder if your title contains risky elements? Or do you already know it contains and want to minimize such risks?

Feel free to contact us – in our daily work we support Polish game development studios in these processes, as well as international market leaders.

Zdjęcie: Polina Zimmerman

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What is IP Clearance and Why is it Important in Video Games?

In today’s world of video games, where creativity meets technology, no one creates in a vacuum, and at the same time, “everything has already been invented,” understanding intellectual property (IP) laws and their role in the video game industry is essential.

Video games, from a legal perspective, are quite complex, carrying significant risks of infringing on others’ rights, which can have a real impact on a game’s market launch and its potential for sales. As this is a topic we deal with on a daily basis, we plan to dedicate several blog posts to the subject of IP clearance in video games [Read more]

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Polska wersja tego artykułu: Dobre praktyki IP clearance w produkcji gier wideo