Indie Game Developer's Copyright Checklist

An indie game is one of the most copyright-complex creative works you can ship. It’s source code, plus visual art, plus music, plus story, plus character design, plus level design, plus interface design, plus marketing materials. Each is its own copyrighted work. Each needs its own protection consideration.

The indie developers who handle this well treat the protection layer as part of the development pipeline, not as a separate task after launch. Here’s the practical checklist.

The asset inventory

Before any registration, take inventory of what’s in your game:

Code

• Source code (your engine code or game logic on top of Unity/Unreal/Godot)
• Shader programs
• Configuration and data files (if substantively creative)

Visual art

• Character designs
• Environment art
• UI/UX visual designs
• Animation files
• Promotional artwork and key art

Audio

• Original music compositions and recordings
• Sound effects (if original)
• Voice acting performances

Story and design

• Story bible and narrative documents
• Level design documentation
• Game design documents

Marketing

• Trailers and gameplay videos
• Steam page artwork and descriptions
• Press kit materials

Each category warrants separate consideration. Most indie games have substantial creative content in 5-10 of these categories.

The pre-launch registration sequence

For a game launching on Steam, Itch.io, or other platforms:

Step 1: Register the codebase

Bundle your source code (Git bundle or ZIP) and register with an online service. For the software-specific workflow, see our piece.

The codebase registration covers your original code. Engine code (Unity, Unreal) is licensed; only your contributions are your copyright.

Step 2: Register the art assets

Bundle your visual art, character designs, and other artistic work. Register as a separate work from the code.

For substantial art, consider individual registrations for hero/key images that you’ll commercially license.

Step 3: Register the music

If you composed original music for the game, register both the compositions and the recordings. If you commissioned music, your contract should clarify ownership and rights.

For licensed music (Splice, Soundstripe, etc.), retain the licensing documentation.

Step 4: Register the design documents

For substantial game design documents, story bibles, and similar narrative work, register as literary works.

Step 5: US Copyright Office for substantial commercial games

For US-based developers commercially releasing games, US Copyright Office registration unlocks statutory damages and attorney’s fees for US litigation. Files Form TX for software/literary aspects, Form VA for visual art.

For commercially significant indie games, the investment is worthwhile.

License compliance

A specific area where indie developers often have issues: using third-party assets.

Asset store licensing

Unity Asset Store, Unreal Marketplace, and similar provide licensed assets. Read each asset’s specific license. Common provisions:

• Standard license: use in commercial games, can’t resell as standalone asset
• Asset packs: similar terms with variations
• Free assets: may have specific use restrictions

Music licensing

If you used royalty-free music, retain proof of licensing. Each music track has its specific license terms.

Fonts

Typography choices need licensing. Free fonts (Google Fonts, etc.) are usually fine. Commercial fonts need commercial use licenses.

Stock art and effects

Stock photography, particle effects, textures need proper licensing.

Compliance documentation is your protection if questions arise about whether your game uses licensed materials properly.

Specific game development scenarios

A few situations:

“Someone is cloning my game”

Game cloning is a specific category of game IP issue. The challenge is that game mechanics (the underlying ideas) aren’t copyrightable, even if specific code and art are.

What’s enforceable:

• Direct copying of code, art, music
• Copying of distinctive character designs
• Copying of specific level layouts (as creative expression)
• Copying of UI/UX elements with substantial creative expression

What’s typically not enforceable:

• Similar game mechanics
• Similar genre conventions
• Standard gameplay patterns

Spry Fox v. LOLapps (2012) involved a successful claim that Triple Town’s specific creative elements (specific art, specific mechanics in their specific implementation) were copied. The court’s analysis distinguished between unprotectable mechanics and protectable specific expression.

For substantial commercial clones, enforcement requires both substantial similarity in protectable elements and evidence of actual copying.

”My game name conflicts with another game”

Game names typically aren’t copyrightable but can be trademarked. For the broader name/title analysis, see our piece.

Trademark registration for your game name protects against confusing similarity in same category of games.

”An asset from my game appears in another game”

Direct asset copying is enforceable. Steam’s IP processes handle this. Itch.io has its own processes.

Your registration evidence is what makes the takedown fast.

”My game’s been pirated”

Game piracy is widespread. Anti-piracy enforcement focuses on:

• Major pirate sites hosting the game
• Specific bypasses of DRM
• Commercial sales of cracked copies

For most indie games, hobbyist piracy is hard to prevent. Focus enforcement on commercial pirates and clear hosting sites where takedowns can be effective.

Steam-specific considerations

Steam has its own IP processes:

• Copyright complaints through Steamworks support
• IP infringement reporting via specific forms
• Steam’s IP team reviews substantive complaints

Steam generally responds to clear copyright complaints. Standard DMCA-format notices work.

For the broader DMCA template approach, see our piece.

Engine-specific considerations

Unity and Unreal Engine

Both have specific license terms for game development:

• Unity Personal/Plus/Pro for different revenue tiers
• Unreal Engine royalty (5% above $1M revenue threshold)

These are software licensing, separate from your game’s copyright. Your game’s copyright covers your contributions on top of the engine.

Open source engines (Godot, etc.)

Open source engines have specific licenses (Godot is MIT, very permissive). Your games made with them are your copyright.

What working indie developers should do

The realistic playbook:

Pre-launch

1. Bundle and register assets by category. Code, art, music, story documents.

2. Document third-party licensing for all used assets.

3. Consider US Copyright Office for commercial games (US-based).

4. Trademark game name if commercially significant.

5. Prepare takedown templates for the expected post-launch enforcement.

Post-launch

1. Monitor for cloning of distinctive elements.

2. Track piracy on major channels.

3. File takedowns promptly when issues arise.

4. Maintain documentation of ongoing protection efforts.

For updates

1. Register significant updates with version tracking.

2. Update licensing documentation as you add new assets.

3. Verify continued license compliance with any third-party assets.

Common indie developer pitfalls

A few patterns we see:

“I’ll register after launch”

Late registration loses statutory damages eligibility in US cases. Register before or within 90 days of publication.

”I trust my asset store licenses”

Verify your specific license terms. Some asset store assets have restrictions that don’t fit your use case (limited use, no commercial games, etc.).

”Game mechanics are copyrightable”

They’re not. Don’t try to claim copyright on game mechanics. Focus protection on specific creative implementation.

”I don’t need contracts with collaborators”

If you work with artists, musicians, writers, or other contributors, written agreements about ownership are essential. Without them, you may not have clear rights to use their contributions.

The pricing reality

For an indie developer launching a commercial game:

Total realistic protection investment:

• Online registrations (across asset categories): $20-50
• US Copyright Office filings: $100-300
• Trademark registration: $250-1000
• Contract review for substantial assets: $200-500
• Total: $570-1850

For commercial games expecting revenue of $10,000+, this is modest infrastructure.

The summary

Indie game development creates multiple copyrighted works simultaneously. Each needs registration. Each needs licensing compliance documentation. Each needs enforcement attention.

For working indie developers:

• Register categories of assets separately (code, art, music, design)
• Document all third-party licensing carefully
• Use US Copyright Office for commercial games (US-based)
• Trademark game names for commercial significance
• Build takedown workflows for post-launch enforcement

The protection infrastructure is more complex than for single-medium creative work but no more expensive in absolute terms. The cases that come up post-launch (cloning, asset theft, piracy) resolve much faster when the infrastructure is in place.