Avoiding Legal Trouble When Cloning Game Mechanics: What You Can And Can’T Copyright

Can Game Mechanics Be Copyrighted?

Understanding what elements of a video game can and cannot be copyrighted is critical for game developers. Copyright law protects creative expression, not ideas. This distinction allows game developers some flexibility to legally create games using similar mechanics to existing games.

Game mechanics themselves cannot be copyrighted. Mechanics refer to the foundational rules and gameplay elements that dictate how a game works at a basic level. This includes concepts like turn-based gameplay, physics engines, leveling systems, quest structures, etc. The expression of those mechanics via specific artwork, audio, visual designs can be protected though.

Understanding Copyright Law for Games

Copyright law protects “original works of authorship” that exhibit a minimal degree of creative expression. For video games, this original expression exists in audiovisual elements, art assets, story elements, and specific design implementations.

However, copyright does not protect functional processes or methods of operation. Game mechanics enable functional processes like scoring, physics interactions, gameplay pacing and more. Therefore, the core logic driving mechanics cannot be copyrighted.

Developers are free to create games using similar mechanical concepts and rules without infringing copyrights. But the specific expression of those mechanics can be protected.

Ideas vs. Expression in Game Mechanics

In copyright law, ideas and concepts themselves cannot be protected – only the expression of those ideas. For example, the general idea of a turn-based strategy game cannot be copyrighted. But a developer’s specific interpretation and expression of that concept into a complete game likely qualifies for copyright protection.

Likewise, foundational mechanics ideas including physics engines, simulation systems, scoring mechanisms, win conditions, etc. cannot be protected by copyright. These gameplay mechanics enable functional processes rather than representing creative expression themselves.

However, assets like art, audio, visual designs created to implement those mechanics can be protected. As well as any unique stories and characters that live in the game universe.

Examples of Mechanics That Can’t Be Copyrighted

Here are some examples of game mechanics that cannot be protected by copyright:

• First-person shooting mechanics and controls
• Platformer mechanics like jumping, running, and climbing obstacles
• Turn-based combat systems
• Puzzles based on physics interactions
• Scoring points by defeating enemies or accomplishing tasks
• Leveling up a character’s attributes through experience points
• Navigating dialogue trees during narrative sections
• Crafting systems that allow combining resources into new items

These conceptual rules and processes enable gameplay to function but are not protected creative expressions. Games across wildly different settings and genres utilize these mechanics freely.

Examples of Expressions That Can Be Protected

While core mechanics cannot be copyrighted, creative implementations utilizing art, audio, fiction and other assets can be protected. For example:

• Specific character designs and personalities
• Special move animations and associated visual effects
• Iconic weapon or item designs tied to a gaming franchise
• Original music tracks and sound effects
• Code powering rendering, physics, lighting and other technical effects
• Supporting lore and fictional universes associated with the game
• Exact level layouts, puzzles and other content details

These expressive elements extend beyond functional processes into original authorship. As such, they can be protected from unauthorized reproduction even when tied to otherwise unprotectable mechanics.

Treading Carefully When Cloning Mechanics

Because ideas and mechanics cannot be copyrighted but creative expressions can be, developers looking to model games after an existing title need to be careful.

It may be legal to create a mechanic-for-mechanic clone that reimplements gameplay concepts using completely custom assets. But utilizing any protected expressive elements from the source material could cross the line into infringement.

For example, a turned-based strategy clone could legally recreate core gameplay mechanics. But copying textures, art, sound effects or other assets from the source game could violate copyrights.

Due to this nuance around legally cloning mechanics, consulting an IP lawyer is advisable before attempting to closely model an existing game’s design.

Alternatives to Cloning Game Mechanics

Rather than clone existing game mechanics outright, developers have a few alternative options to consider:

• Iterate on genres: Study what makes popular games in a genre compelling, then evolve select mechanics in new directions while respecting IP boundaries.
• Draw inspiration widely: Pull ideas from several titles and recombine them into fresh new mechanics that avoid copying any one source.
• Focus on novel themes/settings: Use established mechanics suited for the game concept but place them in the context of original fictional universes and aesthetics.
• Innovate technical features: Advance graphics, physics, platform capabilities, control schemes etc in ways that fundamentally enhance existing mechanics.

By introducing enough modifications and original elements, developers can avoid infringing copyrights even when inspired heavily by leading games.

Consequences of Infringing Copyright

The consequences of utilizing copyright-protected expression without authorization can be severe:

• Legal action seeking financial damages, often calculating lost profits.
• Lawsuits resulting in court-ordered injunctions blocking game distribution.
• Companies compelled to halt sales and pull infringing games from storefronts.
• Reputational harm crossing over into future game development and publishing deals.

These substantial impacts stem from unauthorized use of assets uniquely tied to existing titles. But following best practices around legally cloning mechanics can help avoid such outcomes.

Strategies for Legally Using Mechanics

Here are some key strategies for legally utilizing game mechanics already seen in other titles:

• Study copyright protections and public domain status for each element considered for reuse.
• Isolate mechanics apart from assets and assess them independently for opportunities to clone.
• Reimplement mechanics with completely custom artistic assets and underlying code.
• Ensure cloned mechanics enable functional processes without copying expressive details.
• Consult IP lawyers when mechanics seem inseparably tied to protected creative elements.

Exercising this degree of IP diligence requires added development efforts. But doing so allows cloning mechanics legally to drive innovation across the game industry.