Thursday, January 12, 2017

legal - Can I reuse the name of an old arcade game?


I've done an indie remake of an old arcade game from 1980.


Can I use its name? I thought copyright expired after 25 years but I could be wrong, hence this question.



Answer




You're asking about more than the name, if you re-made the actual game (rhyme unintended). In the US, copyright has been constantly extended, and is now the author's life + 75 years - so no, the game is still copyrighted.


And the name is covered by trademark, not copyright (which also would not have expired - I don't think it does expire). If your name is identical, then yes it's a trademark violation. If it's similar, then it depends - some companies are more litigious than others (See Edge Games, who sued anyone that had a game with the word edge in it, like "Mirror's Edge" by EA.


Activision had to license the name Civilization from Avalon Hill, maker of a board game with the same name.


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