Google Answers cannot provide advice about legal issues; it can only
provide research assistance. If you need expert advice about how to
act in conformity with intellectual property law, you should speak to
a lawyer. All I can do is give you the best information that I can
find from a layman's perspective.
Pictionary is produced by an American company (Hasbro/Milton Bradley),
and its rules contain a copyright symbol for another American company
(Pictionary Inc.).
"Rules for Pictionary"
Hasbro
http://www.hasbro.com/instruct/pictionary.pdf [scroll to bottom of
page 2]
"Canadian Trade-Mark Data: Pictionary" [showing that Pictionary Inc.
is an American company]
Strategis: Canada's Business and Consumer Site
http://strategis.ic.gc.ca/SSG/0546/trdp054620100e.html
This might suggest that Pictionary is subject primarily to American
copyright law. If so, then there is a helpful pamphlet from the
United States Copyright Office explaining what can and cannot be
covered by copyright. The short answer seems to be that the idea and
methods of playing cannot be protected, but that the rules and design
of the game can be.
"In Answer to Your Query: Games" (June 1999)
United States Copyright Office
http://www.copyright.gov/fls/fl108.pdf
If the game is subject primarily to Canadian copyright law, the scope
of protections appear to be similar.
"Copyright Circulars: Circular No. 3: Protection for Games" (October
1, 1997)
Strategis: Canada's Business and Consumer Site
http://strategis.gc.ca/sc_mrksv/cipo/cp/cp_circ_3-e.html
Like you, I have not found a patent for Pictionary in Canada, after
searching on the Patents Database of the Canadian Intellectual
Property Office ( http://patents1.ic.gc.ca/intro-e.html ). (This
database appears to be working despite a disclaimer stating that it is
not.) Nor have I found a patent for it in the United States, after
searching on the patent database of the United States Patent and
Trademark Office ( http://www.uspto.gov/patft/index.html ).
Those aspects of a game protected by copyright, whether in the United
States or Canada, seem to be protected in countries such as the United
Kingdom. Both the United States and Canada belong to international
conventions that extend copyright protections to other countries
belonging to the conventions.
"In Answer to Your Query: International Copyright" (June 1999)
United States Copyright Office
http://www.copyright.gov/fls/fl100.pdf
"A Guide to Copyrights: Copyright Protection: Automatic Protection for
Canadian and Foreign Works"
Strategis: Canada's Business and Consumer Site
http://strategis.gc.ca/sc_mrksv/cipo/cp/copy_gd_protect-e.html#section08
The United Kingdom is likewise a member of these conventions. So it
appears that it would respect an American or Canadian copyright.
"Information About International Copyright Treaties" (last updated 9
December 2000)
The Patent Office
http://www.patent.gov.uk/copy/legislation/inttreaties.htm
I hope that this information is helpful. At the risk of being
redundant, I will stress again that you should consult a qualified
lawyer if you wish to obtain advice on any legal issues relating to
your question.
- justaskscott-ga
Search terms used on Google:
game "copyright protection" canada
game "copyright protection" site:gov
copyright "united kingdom"
Search terms used on American, Canadian, and British governmental
sites:
game copyright
international copyright
pictionary
angel game [concerning Rob Angel, the inventor of Pictionary]
Search strategy used on Hasbro site:
Clicked on "Customer Care - Hasbro - Instructions"
Searched for "pictionary" |
