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To prove that another game copied yours, build a documented chain showing what you created, when you created it, how the other developer could have accessed it, and which protected creative details are substantially similar. Similar rules, genres, or gameplay loops are usually not enough: U.S. copyright protects fixed expression such as artwork, writing, music, sound, code, animation, level presentation, and audiovisual sequences, not an abstract game idea or method of play.
Start preserving evidence before contacting the other developer or a platform. Create an immutable archive of your originals, capture the allegedly infringing game and store pages with UTC timestamps, and organize a side-by-side comparison. Then decide whether registration, a platform notice, a Copyright Claims Board proceeding, or a court action fits your jurisdiction and the value of the dispute.
What you have to prove
A persuasive case answers four separate questions. Treating them as one accusation produces a weak record; documenting each element produces evidence that a lawyer, platform, tribunal, or judge can evaluate.
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- Ownership: You own the relevant rights, or a contract transferred or licensed them to you.
- Access: The other developer had a realistic way to encounter your work before making the disputed material.
- Substantial similarity in expression: The games share protectable creative details, not merely a rule, genre convention, idea, or functional behavior.
Evidence of only one item rarely proves copying. A dated concept document can establish priority but not access. A striking resemblance can suggest copying but may be explained by a shared mechanic or common reference. Your file should connect all four questions without presenting guesses as facts.
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This article describes U.S. copyright concepts and U.S. procedures. Other countries can use different tests, registration rules, limitation periods, remedies, and tribunals. For a threatened launch, substantial commercial value, or active dispute, consult an intellectual-property lawyer in the relevant jurisdiction.
Copyright protects expression, not game rules
The U.S. Copyright Office explains that a game registration may cover copyrightable text, artwork, photographs, sound, and audiovisual material appearing in the game. It does not protect the game idea, title, procedures, processes, systems, concepts, principles, or method of operation. Section 102(b) of Title 17 makes the same distinction: copyright does not extend to an idea, procedure, process, system, method of operation, concept, principle, or discovery.
| Usually treated as an idea, rule, or method | Potentially protectable expression | What to preserve |
|---|---|---|
| Players build a farm, match colored pieces, or survive waves of enemies | The particular illustrated farm tiles, written tutorial, character art, animations, and audiovisual presentation | Design files, exported art, scripts, builds, and recordings |
| A health bar, inventory grid, cooldown, or button that performs a function | Original icon artwork, decorative frame, explanatory text, and distinctive animation or sound | Layered source art, UI copy, sprite sheets, and audio stems |
| A level contains keys, doors, puzzles, or platforms | Original level geometry, textures, lighting, environmental storytelling, and scripted sequence | Level files, editor history, screenshots, and captured playthroughs |
| A game uses a familiar genre setting or trope | A distinctive combination of character designs, dialogue, scene composition, music, and presentation | Concept art, story documents, recordings, and released builds |
Do not describe the claim as ownership of an abstract game design. Identify the concrete expression and explain why the matched detail is not required by the rule, genre, hardware, or user-interface function. A registration can cover the copyrightable elements embodied in a game; it cannot turn an unprotectable method of play into protected subject matter.
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Freeze your originals before investigating
Preservation should precede confrontation. Do not edit, rename, overwrite, or “clean up” the files that establish your timeline. Create a read-only master archive and work from copies.
Build the master archive
- Source-control repositories, commit history, branches, pull requests, and release tags.
- Layered art, 3D models, textures, animation rigs, fonts, audio stems, project files, scripts, and build configurations.
- Design briefs, pitch decks, story bibles, level diagrams, issue tickets, meeting notes, and dated drafts.
- Playable builds, installation packages, recorded playthroughs, screenshots, and exported assets.
- Contracts, statements of work, invoices, employment records, and licenses identifying creators and rights transfers.
- Dated website pages, trailers, store listings, press releases, convention materials, and marketing posts showing publication.
Export an inventory containing each file path, file size, creation or export date when available, modification date, and a cryptographic hash such as SHA-256. Keep the originals unchanged and make a second backup under separate access control. Record who created the archive, when, and which tools produced the export. Cloud version history and repository logs can supplement local timestamps; they should not replace the underlying files.
Create an evidence index
Use one row per item. A practical index has these columns:
| Field | What to record |
|---|---|
| Item ID | A stable label such as ART-014 or BUILD-2024-06-03 |
| Description | What the file or capture contains |
| Creator and rights holder | Person or entity that made it and the contract or employment basis for ownership |
| Date and time | Creation, export, commit, publication, or capture time, with timezone |
| Storage location | Archive path, repository, backup identifier, or physical media location |
| Integrity value | Hash of the unchanged file and the date the hash was calculated |
| Proposition proved | For example, “final character sheet existed before the other game’s announcement” |
| Related items | Contract, email, build, screenshot, or witness that corroborates it |
Keep a change log for the archive itself. If you make a crop, annotation, transcript, or comparison image, save it as a new derivative file linked to the untouched original.
Establish authorship, ownership, and priority
Priority means showing that your expression existed before the allegedly copied version. A file’s current modification date alone is weak because dates can change during copying. A sequence of independent records is stronger.
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Document who made each asset
For every significant component, record the individual creator, employer or contractor relationship, assignment or license terms, and the date of creation. A studio may own employee work under applicable law, while contractor ownership often depends on a written assignment. An invoice proves a transaction but may not transfer copyright by itself; retain the governing agreement.
Document first publication
Record the first public release of the game or asset, the edition or platform, and the exact date. Preserve the released build, release notes, store page, announcement, and contemporaneous screenshots. If the work was shown privately first, label that event as confidential or limited rather than calling it a public release.
Use registration strategically
Copyright generally exists when original expression is fixed in a tangible medium; registration is not what creates the copyright. For a U.S. work, however, the Copyright Office says a registration or refusal is generally required before filing an infringement lawsuit. Timely registration can also support eligibility for statutory damages and attorney fees, subject to the applicable timing rules.
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Prove how the other developer could have accessed your work
Similarity is more persuasive when you can show a plausible path from your work to the other developer. Access does not require proof that a particular person admitted copying; it requires evidence that the work was available to the respondent or someone who could transmit it.
Map every realistic access route
- A pitch, publisher or investor meeting, submission portal, or emailed design document.
- A private playtest, convention demo, review copy, press preview, or invite-only beta.
- A public website, downloadable demo, open beta, trailer, livestream, or repository.
- A shared employee, contractor, consultant, publisher, localization vendor, or marketing agency.
- A modding, fan, or developer community where files or videos were posted.
- A purchase or download record showing that the other party obtained your released build.
Create a dated access timeline. For each event, attach the invitation, email headers, meeting record, permission setting, download log, analytics entry, or witness name. Identify what exactly was available: a playable build, a video, concept art, source code, or only a verbal description. Mark an inference as an inference. Do not convert “they attended the same event” into a claim that they saw a confidential file unless a record supports it.
Preserve communications and permissions
Export original emails with headers where lawful, retain attachments, and record the account that sent or received them. Capture repository permission history, share-link settings, download logs, and non-disclosure agreements. If a witness is important, write a contemporaneous statement identifying what the person saw, when, where, and how they know it; ask the witness to preserve their own records rather than supplying a scripted conclusion.
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Compare concrete expression side by side
Make a comparison matrix instead of relying on a montage or a general statement that the games “feel the same.” One row should describe one alleged match and identify the files that support it.
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| Column | Entry to make |
|---|---|
| Item ID | A unique comparison number |
| Your source | File path, build version, URL, or timestamped recording segment |
| Your date | Creation, publication, or export date with timezone |
| Other game source | Build, page, video, patch, or store asset and its capture date |
| Matched detail | The specific drawing, wording, melody, animation timing, sequence, or code structure |
| Why it is original expression | Explain creative choices that were not required by the mechanic or platform |
| Alternative explanation | Note a shared genre convention, stock asset, technical constraint, or possible independent creation |
| Evidence files | Archive IDs, hashes, screenshots, recordings, and related access records |
Strong comparison subjects
- Character, creature, prop, icon, and environment artwork, including distinctive shapes, markings, color relationships, and composition.
- Written dialogue, narration, item descriptions, tutorials, names within the expressive text, and unusual phrasing.
- Level geometry and presentation where the arrangement, visual storytelling, textures, lighting, and scripted sequence reflect creative choices.
- Animation poses, timing, camera movement, transitions, particle effects, and synchronized sound.
- Music, sound effects, voice recordings, and the specific audiovisual sequence in which they occur.
- Original code or scripts, where access to source is established and the comparison concerns expressive code rather than an unprotectable function.
Separate ideas and functional elements
Put mechanics, genre conventions, common interface behavior, and functional requirements in a separate column labeled “idea or method.” This makes the analysis more credible. A match such as “both games use a three-slot inventory” is usually weak. A match such as the same unusual icon illustration, identical tutorial wording, and the same sequence of distinctive animation and sound may support a stronger expression argument when access is also documented.
The Copyright Claims Board states that an infringement claimant must show substantial similarity to creative expression, not merely similarity to an idea. Use that test when deciding which rows belong in the principal claim and which should be excluded or presented only as context.
Capture online evidence before it changes
Store pages, videos, patch notes, social posts, and downloadable builds can be edited or removed. A live link is not a permanent record. Preserve the material while it is available and document exactly what each capture proves.
Capture checklist
- Copy the complete URL exactly as displayed and record the page title.
- Record the UTC date and time of capture, your account if access was restricted, and the publisher or developer account name.
- Save a full-page screenshot showing the surrounding context and a close-up of the relevant image, passage, or claim.
- Download the file or video when lawful and retain the original filename, file size, and available metadata.
- Record the build number, patch number, platform, region, and account status if the material is in a game rather than on a web page.
- Calculate a hash for each saved file and store it in the evidence index.
- Write a one-sentence description of what the capture proves, such as “store listing displayed the distinctive creature portrait on 19 October 2026 UTC.”
Do not crop away dates, usernames, or navigation that establishes context. Keep the untouched capture and make annotated copies for presentations. If a page requires login, preserve only material you are authorized to access; do not bypass technical controls.
Choose an escalation route
Registration, a platform notice, a Copyright Claims Board case, and a court lawsuit serve different purposes. Select a route after preservation and legal review, not as a substitute for gathering proof.
| Route | Best suited to | Key preparation | Important limit |
|---|---|---|---|
| Informal notice | Opening a dialogue or requesting preservation and voluntary changes | Concise comparison, ownership record, access facts, and a specific request | The recipient need not agree, and an overbroad accusation can damage credibility |
| DMCA notice | Requesting removal or disabling access to online material from a service provider | Identify the copyrighted work, identify the allegedly infringing material and its location, provide contact details, required statements, and a signature | A notice is a platform process, not a final finding of infringement; preserve the target first |
| Copyright Claims Board | Qualifying U.S. copyright disputes within that tribunal’s limits | Explain ownership, access, the implicated rights, substantial similarity, and requested relief with organized exhibits | Its jurisdiction, procedures, remedies, and participation rules are specific; confirm eligibility |
| Federal court | Disputes requiring court remedies or outside the Board’s scope | Registration or refusal for the U.S. work, evidence archive, pleadings, and counsel | Cost, procedure, jurisdiction, limitation periods, and available remedies require legal advice |
Preparing a DMCA notice
Identify the work you own, identify each online location of the allegedly infringing material, and provide the service provider with the contact and good-faith statements required by the statute. Describe the expressive match precisely; do not claim that a shared mechanic is itself copyrighted. Save the submitted notice, delivery confirmation, the provider’s response, and every version of the target page. A takedown does not decide ownership or infringement, and a counter-notification may restore material under the provider’s process.
Preparing a Copyright Claims Board claim
The Board’s guidance asks how the respondent could have viewed or heard the work and whether the respondent’s work is substantially similar to your creative expression. Organize exhibits by the four questions: authorship, ownership, access, and expression. Include the comparison matrix, dated captures, hashes, contracts, registration record or refusal where applicable, and a clear explanation of the relief requested. Verify current eligibility and filing requirements before submitting.
Common mistakes and how to correct them
Claiming the mechanic instead of the expression
Problem: The complaint says another game copied the idea of combining cards, farming, or escaping a maze.
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Correction: Identify the particular artwork, text, music, level presentation, animation, or audiovisual sequence and explain the creative choices that match.
Relying on a mutable link
Problem: A store URL or video disappears, changes, or shows a different build when someone else opens it.
Correction: Preserve full-page and close-up captures, lawful local copies, UTC timestamps, build information, and hashes before sending a notice.
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Problem: A single timestamp can be changed by copying or exporting.
Correction: Corroborate it with commits, version history, contracts, invoices, publication records, dated messages, and contemporaneous recordings.
Ignoring ownership gaps
Problem: A contractor or former employee made the asset, but no assignment or license is located.
Correction: Find the governing agreement, identify the rights holder, and resolve ownership before asserting a claim in your own name.
Overstating access
Problem: The other developer attended the same conference, but there is no evidence they saw your private build.
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Correction: Record the event as a possible route, state its uncertainty, and look for stronger evidence such as a demo login, download record, meeting email, or witness account.
Altering originals to make a comparison
Problem: Crops, annotations, re-encoded videos, or renamed files replace the source material.
Correction: Keep originals read-only, hash them, and place every derivative in a separate folder linked to its source item.
Sending an incomplete or premature notice
Problem: A notice is sent before the target is preserved or without identifying the exact work and location.
Correction: Capture first, verify ownership and the expressive match, then prepare a complete notice or obtain legal review.
A practical workflow from first suspicion to decision
- Pause public confrontation. Do not threaten the other developer, delete your own posts, or edit the files that may establish priority.
- Freeze originals. Create the read-only archive, inventory, hashes, and separate backup.
- Confirm rights. Match each alleged asset to its creator, contract, employer relationship, license, and registration status.
- Capture the other game. Preserve pages, builds, videos, patch notes, screenshots, metadata, and UTC times before changes occur.
- Build the access timeline. Attach every submission, meeting, playtest, shared-vendor record, download log, or witness detail.
- Draft the comparison matrix. Separate expressive matches from ideas, mechanics, genre conventions, and functional behavior.
- Test alternative explanations. Note stock assets, technical constraints, independent development, or commonplace design choices that could explain a match.
- Register where appropriate. File for the expressive components you actually claim and preserve the application outcome.
- Select the route. Based on jurisdiction, registration status, evidence strength, stakes, and desired remedy, consider an informal request, DMCA process, Copyright Claims Board, or court action.
- Have a qualified lawyer review high-stakes action. Ask for advice on ownership, fair use or other defenses, limitation periods, remedies, jurisdiction, and wording before filing or making public allegations.
How to present the evidence clearly
Lead with a short chronology, then provide the indexed exhibits. A reviewer should be able to move from a row in the comparison matrix to the unchanged source files, their hashes, the access record, and the relevant contract without guessing which file supports which assertion.
- Use consistent item IDs across filenames, the index, screenshots, and written statements.
- Put dates in an unambiguous format and include the timezone; use UTC for online captures.
- Distinguish facts, reasonable inferences, and unresolved questions in separate fields.
- Show the whole context before highlighting the matched detail.
- Explain why the detail reflects creative choice and why a mechanic or technical requirement does not explain it.
- Preserve unfavorable evidence too; credibility is harmed when a material version or explanation is omitted.
A disciplined record cannot guarantee a finding of infringement. It does ensure that the decision-maker sees the actual expression, the chronology, the access route, and the limits of the claim rather than an unsupported assertion that two games are alike.
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