Game Design Document: 5 legal aspects to consider

Il game design document

Creating a video game can be a very enjoyable but equally complex and arduous process. There are numerous aspects that need to be defined, both related to the commercial aspect (e.g., the business model, game funding) and to the defining elements of the video game itself.

Typically, the formalization of these elements involves the drafting of a Game Design Document or GDD. This document describes the vision and specifications of the video game, including its objectives, gameplay mechanics, characters, environments, gameplay, and other important details.

The game design document is usually created by the game design team and is used as a guide for game development. Its purpose is to ensure that the game is developed consistently with its original vision and that all team members understand its specifications.

The game design document is not inherently a legal document; rather, its content consists of a collection and description of the elements that characterize the video game. Nevertheless, involving legal counsel in the drafting phase can bring concrete benefits and, in

To better understand, let's look at some more specific situations.

Use of third-party created elements

Among the defining elements of the game, there may be elements with creative character originating from third parties outside the company. For example, consider the case where a video game is developed based on a book or a movie, or when the video game references certain elements attributable to other video games or artistic works (even just through the use of a song by a third-party artist).

Intellectual works may, under certain conditions, be subject to copyright protection. The use of third-party works in the game design document may require an assessment to determine if it is necessary to obtain appropriate licenses and how these licenses should be structured.

Violating the copyright or intellectual property rights of third parties (for example, the unlawful use of a trademark) can result not only in costs for the company in terms of damages but may also require the removal of the infringing element from the video game, which could play an important role in the game's design itself.

Processing of personal data

Another topic that deserves legal analysis is the handling of personal data. Depending on the functioning of the game, a certain collection and subsequent processing of players' personal data may be envisaged. Developers' processing may occur for various purposes, from marketing to game operation. In some cases, the game may require a more substantial collection of data or may involve more complex processing. Involving legal counsel in the game's ideation phase can be an important asset in defining the best way to handle user data without violating relevant regulations.

Creative elements and game design document

With regard to the elements of the video game built by the game design team, it is important to remember that not all of these elements are necessarily subject to copyright protection.

Copyright does not protect creative ideas per se but rather intellectual works, provided certain conditions are met. Elements such as characters, original music, and graphics of certain environments may enjoy copyright protection.

Understanding which elements can be protected by copyright, and under what conditions, offers an undeniable advantage in terms of the game's commercialization and promotion. Special mention should also be made of the software. This may fall within the scope of copyright law as "computer program" and, therefore, as an intellectual work. For its protection, requirements for the protection of intellectual works, such as originality and creativity, are required.

Legal assistance may be particularly important for managing software and related licenses, for example, in cases where development is outsourced to a third-party company that supports the design team and project management team.

Use of delicate practices

There are several more or less common practices in the world of video games that can have important legal implications. To mention a couple, we can certainly first refer to the practice of in-game advertising. This consists of inserting advertising messages within the video game, which can take various forms. Consider, for example, the insertion of billboards visible to users freely moving in the provided space within an open-world game or the famous sideline advertising banners in FIFA.

Another practice that could have significant legal consequences is certainly that of so-called loot boxes. These could be defined as "boxes" that, once purchased, produce random items (skins, weapons, game elements, etc.) unpredictable by the purchasing player. Authorities in some European states have classified loot boxes as gambling, typically challenging their promotion in the absence of a license. Lastly, the Austrian Supreme Court has specifically classified FIFA's loot boxes as gambling.

Use of blockchain technology