IP, or Intellectual Property rights, determine who owns an idea and what others are allowed to do with it. What does that mean though?
Well, let’s say for example you come up with the coolest idea for a video game ever conceived. There’s action heroes, explosions, bombs, guns, technology never seen before, and vampires. You tell me all about your game, and your main character, John Vampire, on his epic quest to blow things up. That’s very cool, I say, and I think it’d make a great game!
You own that idea. If you want to make that game, you’re well within your right to. You could make that game, and then from its success make John Vampire 2: Back for blood.
Putting it simply, this is your idea and your idea only. If I came along and made a game that was almost exactly the same (or worse, literally the same), and called it Jim Vampire, you would probably get very upset with me. Rightfully so! I’ve just stolen your idea, with the intent of passing it off as my own!
That’s the basis of IP rights and copyright law. It’s an “intellectual property” because it’s a product of your own mind!
How does that relate to games development? Well, it prevents companies from stealing assets from games, names for games, and even mechanics in games. Take for example the case of Pokémon: Brick Bronze. Brick Bronze was a game developed on Roblox, which if you’re not familiar with, is a platform/environment built entirely on user generated content and games. Brick Bronze was a fan made game, not associated with Nintendo or Game Freak, who were the original creators of the franchise. Eventually (and to many, tragically), the game was taken off the Roblox site for copyright and IP infringement. Nintendo was well within their rights to do this – the game was not made by them and was using a brand and namesake that belonged to them – and the game also offered in-game purchases which went to the creators of Brick Bronze, meaning they were profiting off an IP which did not belong to them.

It was also important that Nintendo put their foot down and enforce against this infringement, because otherwise, it would set a bad example and allow others to do the same as the Brick Bronze creators.
To be clear, I personally have no issue with fan-made games for franchises that people enjoy, if they respect the developers behind the original property and their wishes. Some developers are more welcoming of fan content than others, too! For example, SEGA generally doesn’t mind fan-made content for their Sonic the Hedgehog franchise, and turns a blind eye to it. This directly has lead to amazing fan games such as Sonic and the Fallen Star, or user made mods for games like Sonic Racing: Crossworlds.
However, there’s a question some may ask around copyright and IP law: does it limit creativity?
The answer is actually more nuanced than you may initially think!
Generally speaking, no – copyright law does not limit what you can or cannot do when it comes to making games. Just because someone has made a tower defence game or a factory automation game before doesn’t mean you’re not allowed to make one of your own, or better yet, combine and remix those ideas into something brand new like Mindustry did (excellent game, by the way, give it a go if you think that’s something you’d enjoy!)
PUBG had the idea of “loads of people skydive into a massive map, find guns, and only one team wins” before Fortnite took that concept and blew it further into mainstream, or before Apex Legends came around, or even Call of Duty: Warzone! And yet, each of these games, despite having a lot in common and clearly being inspired by one another, are still different and are allowed to co-exist.
Where copyright laws in gaming get a bit murky, however, is where patents come into play.
A rather infamous example comes from the 1998 SEGA game Crazy Taxi. When the game released, a patent was made which in layman’s terms, meant that no other games were allowed to have an arrow above the player pointing them where to go next. Thankfully, this patent has since expired.
However, a patent which has not expired is the Nemesis system from Middle-earth: Shadow of Mordor, which will go unused until 2036 due to Warner Brothers closing the studio that made the game to begin with. So, until then, this patent means that no games are allowed to have recurring enemy characters who remember your past encounters and adapt to fight you.
Thankfully, there is some pushback against these frankly ridiculous misuses of copyright law in the games world. Nintendo has been losing the battle against the game Palworld over trying to copyright and patent the idea of storing creatures who fight for you inside throwable balls.
Overall, we can be thankful that these are very rare scenarios in the gaming world, and hope that one day the systems and laws around these edge cases can be refined more. Protecting your IP from misuse is always a sensible thing to have, and the world is better for having it. Besides, if there’s one thing I’ve learned – restrictions and limitations breed creativity!










