“Can I sell my video game mod?” - T.C., Indie Game Developer
Indie game devs! Be mindful of how you create your mods.
The game studio that originally made the video game generally retains ALL the copyrights. I say "all" the copyrights, because a copyright is actually a bundle of several rights, including:
✔️ the right to reproduce the game
✔️ the right to make works derived from the game
✔️ the right to to distribute, rent, or sell the game
✔️ the right to display the game publicly
✔️ other rights as defined in common law
Courts have defined "derivative works" in many different ways, but the basis is the same. Your mod might infringe the studio's right to make derivative works.
What if you don't sell your mod, but just distribute it to friends and family for free?
Some game studios may let it slide. Others may come after you if they're particularly protective about their copyrights. They could demand statutory damages ranging from a few hundred to a few thousand dollars PER COPY that infringes their copyrights.
Why take the risk? If you're an indie dev who's interested in making a game mod and potentially monetizing it, there's a proper way to do it.
Contact us. All initial consultations are free.
We also take stringent measures to protect the privacy of all your products or code. Even if you don't end up retaining us, we will safeguard your information.
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