task 7

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Legal (IP) is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized and the corresponding fields of law. Intellectual property law grants owners a set of specific rights over their creations be they musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols and designs for instances if an artist designs a unique character then offers to sell it to a company to use in a new game and the company refuses but proceeds to use the character anyway as long as the artist who originally designed the character can prove he was the author he has the right to sue the offending company and claim the rights to the character in court. IP laws are intended to protect both companies and their employees from being exploited yet they are also exploited by certain individuals Intellectual Property

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Page 1: Task 7

Legal

(IP) is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized and the corresponding fields of law. Intellectual property law grants owners a set of specific rights over their creations be they musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols and designs for instances if an artist designs a unique character then offers to sell it to a company to use in a new game and the company refuses but proceeds to use the character anyway as long as the artist who originally designed the character can prove he was the author he has the right to sue the offending company and claim the rights to the character in court. IP laws are intended to protect both companies and their employees from being exploited yet they are also exploited by certain individuals who take advantage of those who can’t prove they own the rights to a product because they have not registered a dated copy of their design or creation with the proper authorities.

Intellectual Property

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Copy Right

Copy Right is a term referring to the ownership of a piece of literary or artistic example (for example a book or painting) Copy Right is an automatic right which makes it different from other forms of IP there are no forms to fill or fees to pay but a record of the product to prove the copy right belongs to the creator.

Trade MarkTrademark is a term referring to the ownership a logo, slogan, or phrase representing a brand or product (for example the large yellow M and phrase “im lovin’ it” used by Mc Donalds the main purpose of a Trademark is the distinguish the goods or services between two companies.

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PatentA patent is given by the government to the inventor of a new and innovative product. A patent has a limited duration but for the time it is valid the patent anyone who makes, sells, or uses the invention must have the permission of the inventor to do so legally.

Registered DesignsA Registered Design is the visual appeal of a product and everything from food packaging to cars come under the jurisdiction of Registered Design Laws

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Ethical ViolenceSince their rise in cultural dominance video games have faced a lot of controversy with adult aspects believed to have negative effects on players the most prominent of these is violence with so many games involving violent acts such as killing and fighting many are concerned that games are making influential gamers more violent. A good example is a court case that took place several years ago in which teenager stabbed a nurse and when questioned afterwards simply stated that he had seen it in a game and wanted to try it. Yet blame cannot solely be placed on the games it is up to the gamer to understand the difference between a violent act in a game and the same thing in the real world.

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Education

With so much controversy in gaming the PEGI (Pan-European Game Information) rating system was developed to give parents an idea of what a game contains and make an informed decision on whether or not to purchase the game for their children.

Games have long been used to try and educate their users since many of them are of a younger age there is a great possibility of buffing education with brain teasing puzzles and challenges as well as historical games (such as age of empires) who’s campaigns depict in detail, great historic events.

PEGI Rating

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StereotypingStereotyping occurs often in games often without realisation in military action games it takes the form of Asians and Russians being terrorists and warmongers this may not seem bad when you’re playing but it does give them a very negative cultural image and could possibly induce discrimination and racism game developers often take steps to ensure that no material to sensitive is released and that antagonists in games that may fit a cultural stereotype is emphasised as an individual.

addiction has been a factor in games since their early development and though it is only now being recognised as a real affliction there have long been stories of gamers dying or becoming seriously ill from playing games for extended periods of time.

Addiction

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ContractualEmployment contracts

An Employment Contract sets the terms for what the company expects from its employees and what the company will do for its employees in return. Contracts will include information such as the employees wage and other benefits, confidentiality about inventions and will often (if not always) include terms where the employee agrees not to compete against the company during and for a short term after the employment contract has ended.

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Development AgreementsWhen Publishers hire Developers to create games they come to a Development Agreement, this will state the terms of the deal such as what timeframe the developers have to create the game, how much the publishers will pay for that game and if the developers will receive royalties or not and what the royalty rate it. A good example of a when a development agreement goes sour would be with the company blizzard and the strategy games they originally developed for Warhammer, Blizzard wanted more money for their game than Warhammer would pay so Blizzard took their game and changed it so it didn’t break any Copy Right laws and re-released it as Warcraft a strategy game which greatly overshadowed most Warhammer games in sales and continued to do so for each sequal, the spinoff “World of Warcraft” is today one of the most played and most profitable games in the world.

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License AgreementsWhen movie becomes popular it is not uncommon for gaming companies to want to cash in on the success by making it into a game, in this case the company approaches the movie IP owner and make a contract which give the gaming company temporary rights to use assets from the movie in the production of a game. The contract will include terms on what is to be licensed (what assets from the movie can and cannot be used or changed) what platforms the license can be used for (pc, xbox360, ps3, etc.) and how long the contract will last.

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Collaboration Agreements

an NDA or Confidentiality Agreement (both are very similar so this explanation should cover both) is an agreement in which one party discloses sensitive information to a second party to ensure security in a business deal in event that either party breaks the agreement (the first party breaking the business deal or the second party disclosing the sensitive information to the public) the offending party face serious charges in the court of law.

NDA and Confidentiality Agreement

There are a lot of management problems with indie games with only small teams and each individual constantly debating their worth with the strong possibility of the game failing and no money being made at all it becomes necessary for an agreement to be made deciding who will get what and what happens if the project falls flat this is where Collaboration Agreements come in they contain information on salary, compensation as well as how the IP for individual assets is given and what happens if the project is terminated.

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ELSPA (UKIE)UKIE is the only trade body for the UK’s wider interactive entertainment industry the exist to serve the interests of the interactive entertainment industry by providing a positive image of the industry ensure that its members have right economical, political and social backing needed to thrive. They do this by building strong relations with members of parliament and policymakers to ensure the needs of the industry are supported by their local government.

Professional Bodies

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IGDAThe IGDA (International Game Developers Association) is the largest non profit membership organisationthat works to improve the lives and enhance the careers of game developers. They do this by connecting developers with their peers and advocating on issues that affect the developer community. They promote several core values in their organisation such as• Community• Professionalism• Expression• Innovation• Impact• Leadership• Fun

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Women In GamesWomen In Games Jobs (WIGJ) is a company that works to recruit more women into the games industry by promoting role models and giving encouragement and information to those women seeking to work in the gaming industry . It also works with both new entrants and women already working in the gaming industry by retraining them and providing support making it a more attractive industry in which to work.

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BAFTABafta (The British Academy of Films and Television Arts) is a charity supporting the “art forms of the moving image” (film, television and video games) it does so my promoting them and identifying its most skilled practitioners and rewarding them as well as attempting to inspire and benefit the public.

MEFThe Mobile Entertainment Forum is a small project run by a team of 3 friends who work to produce reliable and honest information and reviews on mobile gadgets, tools and apps for use by the general public.