Is It Legal to Copy a Board Game from Another Country?

Board games can be a fascinating addition to any collection or a fun social activity. However, when a game is not available in your country of residence, the temptation to replicate it may arise. But before you proceed, it's crucial to understand the legal implications of such an action, including trademark infringement, copyright protection, and potential lawsuits.

Trademark Infringement and Legal Risks

When a board game is not available in your country, it might be tempting to copy it from another jurisdiction. However, this approach is fraught with legal risks. Even if the game isn't initially available in your country, the original game manufacturer may have already filed trademark applications or registrations. These can pose significant barriers to redesigning the game.

For instance, the well-known game SCRABBLE is registered in numerous countries. If the public perceives your version as a product from SCRABBLE's makers, you could be at the center of a trademark infringement case. In the United Kingdom, trademark owners might wait to see how much of a disturbance you cause before claiming your profits backdated up to six years. Therefore, it's essential to seek professional advice before diving into such a project.

Copyright Protection and International Borders

The elements of a board game that enjoy copyright protection include:

The text of the rulebook. The layout art and design of the rulebook. The layout art and design of the board and any cards or other components. The art or sculpture of any pieces used to play the game. The layout art and design of the box the game is packed in. The trademark of the gamersquo;s name, if it is registered, which protects the name from being used by others.

These copyrighted elements are respected internationally. You cannot violate the copyright of a German-made game if you are in a country with any copyright laws. Therefore, attempting to copy a board game from another country without permission is likely to result in legal action.

Licensing as a Viable Alternative

Instead of copying a board game, you can license it. Licensing involves obtaining the rights to distribute the game and paying a fee to the original manufacturer. However, the feasibility of this approach depends on the size of the market and the fees associated with obtaining the license.

Licensing has several advantages over copying:

It ensures you are legally compliant and protected. It can potentially increase your sales by leveraging the original manufacturerrsquo;s marketing and reputation. It allows you to focus on other aspects of your business, such as marketing and sales, rather than legal battles.

However, securing a license may require significant investment in terms of fees and legal due diligence. In some cases, the fees might be prohibitive, especially for smaller markets.

Conclusion

Copying a board game from another country without permission is fraught with risks, including trademark infringement and copyright violations. Instead of taking this risky path, consider licensing the game. Seek professional advice to navigate the legal complexities and ensure your project remains compliant and profitable.