Indie Game Devs and Copyright Checklist

In several articles in the past, I have detailed how copyright plays a role in the games you create. But when it comes to using other creators’ content, we have put together a checklist of questions you need to answer yes or no.

Navigating the legalities of game development can feel daunting, especially for small teams or solo developers balancing code, artwork, music, and design all at once. It is easy to assume that using a royalty-free sound effect, incorporating a fan-favorite homage, or hiring a freelance artist covers all your bases—until a takedown notice or ownership dispute lands in your inbox.

Before you commit assets to your final build, launch a crowdfunding campaign, or hit publish on digital storefronts, taking a proactive approach to intellectual property can save you from costly legal headaches later. Use this essential checklist to audit your assets and ensure every element of your game is properly cleared and legally protected.

The Game Itself

Did you create the game yourself?	If you developed the game entirely on your own without external collaborators, contractors, or preexisting code templates, you hold the full copyright. If multiple people contributed, you need a clear written agreement defining shared ownership or transferring intellectual property rights to your studio.
Did you create all of the assets, including source code, graphical work, and audio assets, yourself?	Creating a game solo does not automatically mean all individual assets are original. Every piece of code, texture, font, model, sound effect, and music track must be created from scratch by you, or licensed properly, to claim total ownership.
Do you have written permission from all copyright owners to use any third-party assets contained in the game?	If your game contains external assets from another creator—whether bought from an asset store, downloaded under Creative Commons, or commissioned—you must possess clear, written clearance or explicit license terms permitting commercial distribution.
Were you currently employed by a company when you created the game?	Many employment contracts, particularly in tech and gaming, contain “Invention Assignment” clauses. These state that any software or assets created during your employment—even on your own time or personal hardware—may belong to your employer, exposing you to potential ownership claims or legal action.
Do you have a publishing deal?	Game publishers typically negotiate exclusive distribution, administrative, or commercial rights to your title. Self-publishing, releasing DLC, or porting to other platforms without their explicit consent can breach your publishing agreement.
Have you licensed your title to anyone else?	If you previously granted exclusive distribution, exclusivity windows, or media adaptation rights (such as film, merch, or regional publishing) to a third party, you no longer have full legal freedom to self-distribute or re-license those same rights.

Original Content and Commissions

Did you hire contractors, freelancers, or agencies to create assets for the game?	If you paid freelancers or contractors to create art, music, code, or writing, you do not automatically own the rights. Intellectual property created by non-employees remains with the creator unless a written agreement explicitly transfers those rights to you.
Do you have signed Work-for-Hire or IP Assignment agreements with all external contributors?	To ensure your studio owns contracted work, contractors must sign a written “Work-for-Hire” or IP Assignment agreement before or upon starting work, explicitly transferring full copyright to you or your company.
Did any unpaid volunteers, friends, or community members contribute content to the build?	Unpaid contributions still enjoy full copyright protection under the law. Without a signed transfer of rights or explicit written license, a former volunteer or disgruntled contributor can demand the removal of their work later.
Are any assets in the game generated by AI tools?	Current legal consensus in many jurisdictions states that purely AI-generated content cannot be copyrighted. If your game relies heavily on unedited AI output, those assets may enter the public domain, making it difficult to prevent others from copying them.
Did you use custom or modified tools, engines, or scripts built by team members prior to this project?	Pre-existing tools or personal codebases created before the current project started remain the personal IP of the creator unless explicitly licensed or assigned to the studio for use in this specific game.
Does your agreement with contractors cover rights for sequels, ports, merchandise, and promotional material?	Standard contract terms may only grant permission to use an asset in a single game release. Ensure contractor agreements explicitly grant broad, perpetual rights for marketing, ports, remakes, DLC, and secondary products like art books or merchandise.

Third-Party Audiovisual Content

Did you acquire sound effects, music, or art from online asset marketplaces?	Digital storefronts (like Unity Asset Store, Unreal Marketplace, or Itch.io) license assets rather than transfer ownership. You must ensure the license tier you purchased permits commercial game releases and matches your studio’s team size or revenue bracket.
Are any audio or visual assets licensed under Creative Commons?	Creative Commons licenses vary widely. CC0 allows public domain use, CC-BY requires proper attribution in your game credits, and CC-NC prohibits commercial sale altogether. Check each CC asset to ensure you satisfy attribution and commercial use requirements.
Did you license fonts or typography for use within the game build?	Desktop font licenses usually cover static graphics or promotional images, but embedding a font file directly into game software or UI often requires a specialized EULA (End User License Agreement) or software license.
Does your game contain stock video, real-world photographs, or 3D scans?	Stock media licenses frequently restrict use in interactive software or limit redistribution. Additionally, 3D scans or photographs of recognizable people, trademarked products, or copyrighted architecture require model or property releases.
Have you cleared royalty rights for all music tracks used in the game and trailers?	Music licensing involves two separate copyrights: master recording rights (the actual audio file) and sync/composition rights (the underlying song/lyrics). Streamer-friendly mode options or broad synchronization rights are crucial to avoid automated DMCA strikes on YouTube and Twitch.
Did you verify that “royalty-free” assets do not require perpetual attribution or recurring fees?	“Royalty-free” does not mean “free of copyright.” It means you pay a single fee rather than ongoing royalties per copy sold. However, you must still comply with license boundaries, such as limits on sales volume, platform restrictions, or mandatory credit placement.

Trademarks, Fanart, and Homages

Does your game feature real-world brand names, logos, or registered trademarks?	Using real-world company names, car models, weapon brands, or storefront logos without an official licensing agreement can lead to trademark infringement claims or legal demands to alter game assets.
Are any characters, locations, or items inspired by existing copyrighted IP?	Parody and homages are common in gaming, but subtle lines separate homage from copyright or trademark infringement. If an asset or character design is recognizable enough to confuse players into thinking the original creator endorsed your game, it presents significant legal risk.
Does your game include fanart, fan music, or community-created derivative work?	Even if fan content was created enthusiastically for your community, the original fan artist or creator retains rights over their specific expression. You must secure permission or a signed rights assignment before featuring fan art or derivative work in your official build.
Have you secured trademark protection for your game’s name and studio logo?	Protecting your own title is just as important as respecting others’. Running a preliminary trademark search ensures your game’s title doesn’t infringe on existing games or registered trademarks, protecting you from rebrand demands post-launch.
Are real-world public figures or celebrities portrayed or referenced in the game?	Individuals possess “Right of Publicity” protections that prohibit using their likeness, voice, or persona for commercial gain without consent, regardless of whether the portrayal is 3D-modeled, drawn, or parodied.
Does your game depict real-world historical buildings, monuments, or vehicles?	While older historical architecture is in the public domain, modern landmarks, custom car bodies, and specialized military designs can carry protected design patents or property copyrights requiring explicit usage permissions.

Code and Open-Source Libraries

Does your game use open-source software, engines, frameworks, or third-party libraries?	Open-source software is subject to specific copyright licenses. Even free or community-maintained code carries legal terms you must satisfy before distributing your commercial game build.
Have you reviewed and compiled the license terms for every dependency in your project?	Permissive licenses (like MIT, Apache 2.0, or BSD) allow commercial use but usually require including original copyright notices and license text in your game’s credits or documentation.
Does your codebase contain any “copyleft” or GPL-licensed code?	Strong copyleft licenses (like GPL or AGPL) require any derivative work or integrated code to also be made open-source under the same terms. Including GPL code in a closed-source, commercial game can force you to make your full source code public or rewrite affected systems.
Did you check for LGPL (Lesser General Public License) compliance?	LGPL code allows commercial use, but requires users to be able to modify or replace the LGPL library itself. In game development, this often means dynamically linking (.dll or .so) the library rather than statically compiling it directly into your executable.
Are you using modified open-source code or third-party plugins in your build?	Modifying open-source libraries may require you to publish your modifications under the original license terms, depending on whether the license is permissive (MIT/Apache) or copyleft (GPL/MPL).
Have you created an in-game “Third-Party Notices” or legal credits screen?	Most open-source licenses explicitly require providing notice and attribution to the original authors. Adding a dedicated legal credits page or text file in your game directory fulfills this requirement and prevents license violations.