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Regardless of the complexity or originality of a given game’s systems and processes, its game mechanics will likely not be protected by copyright. A trademark can protect the name and other aspects of a board game.
Are board games copyrighted? The answer is yes, board games can be copyrighted. A board game is considered an original creative work of authorship, just like a book or a song.
According to the U.S. Copyright Office, "the text matter describing the rules of the game" may be protected by copyright "if it contains a sufficient amount of literary or pictorial expression".
However, what is paramount to understand is that a game’s mechanics and conceptual rules—the “heart” of a game, are uncopyrightable. The Copyright Office’s factsheet on games makes this explicit: Copyright law does not protect the idea for a game, its name or title, or the method or methods for playing it.
While the rules themselves aren’t protected by copyright, the written expression of those rules and the game’s artistic and visual components are. This raises questions about what aspects of a board game are protected and the implications for creators and players.
Material prepared in connection with a game may be subject to copyright if it contains a sufficient amount of literary or pictorial expression. For example, the text matter describing the rules of the game or the pictorial matter appearing on the gameboard or container may be registrable.
Copyright can protect the text and images used in a board game such as the rules and the board design. Patents protect how the mechanics of the game interact with the components. Lawyers, dice, bootleg media, and bureaucracy cards from Mad Scientist University
A board game may be protected under copyright law as an artistic work. For instance, the pattern on the chess board or the depiction of property squares on the monopoly board may be an artistic work.
Copyrights can protect original artistic expressions embedded in the game, like illustrations or even the layout of the board. Copyright does not protect the idea for a game, its name or title, or the method or methods for playing it.
The straightforward answer is yes, copyright laws do protect certain aspects of board games, although the matter is layered and complex. It’s important to consider the various components of a...