Copyright

PuppyWonder

I have been working with a group of 18 year old students in College over the summer months. I was asked by my line manager to "do a project" of my choosing. I decided to invent a board game and then get the students to prepare all the components. The game is quite unique, educational and linked with the course that the students are doing in college. Many other staff members are very impressed. Many have advised me to copyright my idea. I have also written a booklet explaining the rules of the game.

I am just wondering if I, as the inventor, have copyright, or, does my idea belong to my employer? I have checked the internet and I found this -
"Who owns a piece of work?
Normally the individual or collective who authored the work will exclusively own the work and is referred to as the ‘first owner of copyright’ under the 1988 Copyright, Designs and Patents Act. However, if a work is produced as part of employment then the first owner will normally be the company that is the employer of the individual who created the work".

I also read that to copyright something, it is simply a case of placing the copyright symbol in the booklet along with my name and date. Posting the document to myself by registered mail and leaving it unopened until required, is also advised as a method of copyrighting. Is it really that simple, and do I have the copyright for this game, if it is a college project?

Flyonthewall

If they'd said come up with a board game idea for our company (and the idea is to create and sell it) then I'd say copyright belongs to the company.

In this case the company had nothing to do with the idea and I assume it wasn't being made to sell either so you weren't creating it for the company in that sense, although it was them who asked you to create a project. It does also state "will normally be the company", probably because most created in a company are for the company with intention to sell which isn't the case here as it was a project. It doesn't state always.

So I don't know for sure, but copyright could belong to you in this case. If you're planning to go further with the board game and attempt to sell it I'd suggest getting legal advice to be sure of who owns copyright.

Even if it is the company I assume they're a college as it's a college project, in which case that idea/product is of no use to them and you could probably get the rights or whatever to be able to sell it yourself anyway.

Copyright is automatic as it goes to the person who created it (or company where applicable). To prove copyright if needed, posting a registered letter is a method of having proof. It would also be a good idea to keep any paperwork from the project and make sure that's dated.

If you want more answers I'd suggest posting this under a different category than games as I doubt many on here will know much about copyright.

bluenoseam

I'd also find some way to prove that you "invented" it prior to a certain date so as if anyone comes up with a claim against you there's documented evidence saying the idea existed on said date. The onus being on them to prove you copied their idea means it would be significantly more difficult to prove that you did so. Flip side is it also means if you have a claim against someone in the future you also have concrete evidence of when the idea was concieved.

Like flyonthewall said, send yourself a registered letter, ideally you'd do this to a lawyer but well, as that would be expensive it's every bit as good to do so to yourself. That letter should contain evidence that it is in existence (photographs, designs, any printed materials related to the project) - posting it will also create a paper trail which is a secondary backup showing the date of postage as well.

Way it was put to us in college years ago for music was to record the music & send a copy of it to ourselves via recorded mail, simplistic but it works!

scubaian

No expert but if this board game was produced as a result of work you were being paid for then I would expect the IP to belong to the organisation that was paying you. My contract of employment has clauses regarding this kind of thing in it.....

[Deleted User]

scubaian wrote: »

No expert but if this board game was produced as a result of work you were being paid for then I would expect the IP to belong to the organisation that was paying you. My contract of employment has clauses regarding this kind of thing in it.....

I agree. Most contracts include such clauses so you need to check your contract first.

There is a chance you could get your employer to sign away any rights. Check if your local Reference Library (needs to be a big city library) have a librarian who can help with copyright and patents. Quite a few libraries used to have such departments, but many have closed.

Copyright law is very complex so you may also need to seek legal advice.

artbaron

If disputed, the board game would very likely to be judged intellectual property of your employer. Criteria such as when the work is done, what facilities are used, who requested it be done are all fulfilled in favour of your employer in your situation. If in doubt then consult a solicitor specialising in copyright. Don't bother posting anything to yourself, it's a myth that this proves anything and has no relevance in law.

Geodark

scubaian wrote: »

No expert but if this board game was produced as a result of work you were being paid for then I would expect the IP to belong to the organisation that was paying you. My contract of employment has clauses regarding this kind of thing in it.....

Yup, mine too, but I *Think* there is also a clause in mine where even if you do it in your own time, but use company assets then they have the IP, but I am not 100% sure on that one.