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If another game appears to copy your art or source code, preserve the evidence, separate protectable expression from unprotected ideas, verify who owns each asset, and send a narrow notice to the service hosting the material. AI involvement does not by itself prove infringement or grant permission to copy. Copyright can cover original artwork and expressive software, while a game’s idea, title, rules, and methods of play are not protected merely as such. The safest response is a documented, asset-by-asset process that matches the right—copyright or trademark—to the right platform.
What should you do first when an AI-made game looks like yours?
Document the suspected copying privately before contacting the creator or publicizing the accusation. Your first record should show what existed, when it existed, what appeared later, and exactly where the matching material is hosted.
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- Preserve your originals. Make read-only copies of source files, layered art, project files, repository history, dated builds, publication records, and contributor or contractor agreements. Keep the original timestamps and record who created each item.
- Capture the accused material. Save the precise store-page, repository, or download URL; screenshots; captured dates and times; version numbers; and copies of the relevant files where lawfully available. For a repository, note file paths and, when possible, line ranges instead of labeling an entire project infringing because of one passage.
- Keep a comparison log. Give every disputed asset or file an identifier, then record your original location, the accused location, what is similar, and why you believe the similarity comes from copying rather than a common convention.
- Preserve communications. Save emails, support tickets, licenses, invoices, and messages in their original form. Do not edit screenshots or rely only on a social-media post that could disappear.
A separate backup, such as a portable external SSD kept offline or in a different location, can reduce the risk of losing originals. It supports evidence preservation; it does not prove authorship, detect AI use, or prevent infringement.
Is the copied material protected expression or only a game idea?
The central question is what was copied. The U.S. Copyright Office states, “The idea for a game is not protected by copyright.” Copyright may protect original visual artwork, music, writing, level text, and expressive portions of software, but not a genre, general theme, rules, or method of play merely as such.
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Usually stronger copyright candidates
- Character illustrations, backgrounds, sprites, animation frames, icons, logos used as artwork, and other original visual assets.
- Original dialogue, story text, sound recordings, music, and cinematics.
- Human-authored source code and distinctive non-functional expression, subject to exclusions for ideas, procedures, and required technical elements.
- A selection and arrangement of assets that reflects creative authorship, even when individual commonplace elements are not protectable on their own.
Usually weaker or different claims
- A broad game loop, genre, mechanic, control scheme, scoring rule, or other method of play.
- A title or short phrase considered by itself. A confusingly similar name, logo, or presentation may instead raise trademark or unfair-competition questions.
- Stock, open-source, commissioned, or licensed material where your rights are limited by the agreement.
- Functional code, interfaces required for compatibility, or short fragments that may be governed by licensing, merger, or fair-use principles.
A side-by-side visual impression is a lead for investigation, not a legal conclusion. Compare specific expressive choices and the rights attached to them.
How does AI change the copyright analysis?
AI changes the provenance questions but does not create a special “AI-clone” cause of action. On January 29, 2025, the Copyright Office explained that AI-assisted works can contain protectable human-authored elements; prompts alone generally do not establish human authorship, and AI assistance does not automatically disqualify a larger work with meaningful human contribution.
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That guidance concerns whether an output contains copyrightable authorship. It is not a blanket ruling that training, imitation, or a generated asset infringes. Ask instead:
- What human-authored work is allegedly copied?
- Which human contributions are original and documented?
- Did the creator have a license or other permission for the source material?
- Does the disputed code contain functional material, open-source components, or fair-use issues?
Do not claim that AI use itself establishes copying. Describe observable similarities, provenance, and the specific rights you can substantiate.
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How can you verify that you actually own the rights?
Before signing a notice, trace every disputed asset to its creator and agreement. A studio may own employee work under applicable employment rules, while a contractor’s assignment may be required by contract. A purchased asset may permit use in one game but prohibit redistribution of the source file or use in a trademark.
- Check contributor, employment, and work-for-hire or assignment terms.
- Read stock, marketplace, music, font, and model licenses for scope, attribution, resale, and sublicensing limits.
- For open-source code, identify the exact license and preserve the required notices. A code complaint can fail when the alleged “copy” is permitted by that license.
- Identify any third-party or partly AI-generated material in your own game and separate it from your original contributions.
- Record registration information if the work is registered, while remembering that a DMCA notice does not require registration.
Do not assert ownership of every similar line of code or visual feature. A narrow, accurate claim is more credible and reduces the risk created by a materially false statement.
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Which response fits the problem: copyright, trademark, or something else?
Match the remedy to the right and the location of the material. A copyright complaint identifies a protected work and the allegedly infringing copy. A name or logo that is likely to confuse players about source or affiliation may require a trademark route instead.
| What you found | Likely issue to investigate | What to document |
|---|---|---|
| Copied character art, music, text, or expressive code | Copyright | Your original work, ownership chain, exact accused URL, and matching asset or file |
| Similar mechanic, genre, rules, or broad theme | Usually an idea or method-of-play issue, not automatically copyright infringement | Specific expressive elements, not just the game concept |
| Confusingly similar title, logo, or source-identifying presentation | Trademark or related consumer-confusion claim | How the marks appear, the goods or services, and evidence of likely confusion |
| Code containing open-source or functional material | License compliance, contract, or other legal issue | Repository history, license text, notices, and the exact code segment |
How do you prepare a DMCA notice?
A DMCA notice is a request to a service provider to remove or disable access to identified material. It is not a court judgment, and a provider may have its own form or additional requirements.
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- Identify the copyrighted work. Describe the original game, asset, or code and explain your ownership or authorization to act.
- Locate the accused material precisely. Give the full store, repository, page, or file URL. For a partial repository claim, list implicated paths and lines when possible.
- Provide contact information. Include your name, address, telephone number, and email address as required by the notice process.
- Include the required statements. State your good-faith belief that the use is not authorized by the rightsholder, an agent, or law, and that the information is accurate under penalty of perjury.
- Sign the notice. Use a physical or electronic signature accepted by the provider.
- Send it to the correct agent or form. The Copyright Office maintains a designated-agent directory. Platforms may publish their own copyright forms; use the live form and retain a copy of your submission and attachments.
Describe one work and one location at a time when practical. Do not demand removal of an entire project when only a few files are at issue. A notice that includes guesses, inflated ownership claims, or inaccurate statements can expose the sender to liability.
What if the game is on GitHub or a digital game store?
Use the host’s policy, but keep your evidence and legal theory independent of the interface. GitHub distinguishes copyright and trademark reports and asks for file-level specificity when less than a complete repository is involved. Its guidance also warns that functional code, open-source licensing, and fair use can affect the analysis.
A digital game store may provide a copyright-notice form for listings or distributed builds. Store interfaces change, so confirm the current requirements before submitting. If the same material appears in a repository, a store listing, a downloadable build, and a social account, document and report each location separately rather than assuming one removal covers the others.
What happens after a takedown, and what if the creator counters?
Removal is not guaranteed. A provider may ask for clarification, reject an incomplete notice, or remove material temporarily. A valid counter-notice generally starts a restoration window of 10–14 business days unless the provider is informed that the rightsholder has filed a court action. That period is not a promise of initial removal speed.
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- Save the provider’s notice and the counter-notice in full.
- Recheck ownership, licenses, registration status, and the exact material challenged.
- Ask qualified counsel promptly whether court action is justified and feasible before the restoration window expires.
- Continue preserving evidence of reappearance, changes, sales, or player confusion without harassing the other party.
For a U.S. work, registration is required before filing an infringement suit in federal court. Timely registration can affect available remedies, so consider registration strategy separately from an immediate takedown. A counter-notice is a legal escalation, not merely a customer-service disagreement.
Can you use the Copyright Claims Board?
The Copyright Claims Board (CCB) is a U.S. forum for qualifying copyright disputes with a maximum total claim of $30,000. The ceiling is a jurisdictional limit, not typical damages or a predicted award.
Check eligibility, service requirements, opt-out rules, the location of the respondent, and whether the dispute involves claims the CCB can hear. A complex ownership fight, a contested license, or a need for broader injunctive relief may require a different forum. An attorney can help compare costs, timing, and remedies.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What if the host or creator is outside the United States?
A U.S. notice may be useful to a global service with a U.S. agent, but it does not guarantee that an overseas host must follow U.S. procedure. Identify the host’s applicable policy, the country where the service and creator operate, and any local copyright or trademark process. Avoid promising that a U.S. notice will force removal worldwide.
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How should you decide whether to escalate?
Use these questions before sending a report or contacting counsel:
- What was copied? An expressive asset or code passage is different from a mechanic or idea.
- Whose right is asserted? Confirm copyright ownership or investigate trademark confusion.
- Where is it hosted? List every store, repository, build, and page separately.
- What defenses exist? Check licenses, open-source terms, functional elements, fair use, and your own provenance.
- What outcome do you want? Removal of an asset, correction of branding, preservation of evidence, or monetary relief require different steps.
- Can every statement be supported? Notice language is made in good faith and under penalty of perjury.
Consult an intellectual-property lawyer promptly when ownership is disputed, the code license is complex, a counter-notice arrives, or the commercial stakes are substantial. Keep public statements factual and limited to what your records establish.
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1Scan for outdated or missing drivers - takes under a minute2Repair Windows errors before they cause bigger problems3Fix the driver behind crashes, sound loss and screen glitchesFrequently Asked Questions
Can I copyright my game’s mechanics?
Copyright generally does not protect a game idea, rule set, or method of play by itself. Protection may attach to the original code, art, text, music, and audiovisual presentation that express those mechanics.
Someone copied my source code into a repository—what should I report?
Identify the exact repository, file paths, and line ranges, then explain your ownership and any applicable license. If the code is functional, open source, or partly reused under permission, resolve those issues before alleging infringement.
Does an AI-generated asset belong to the person who prompted it?
A prompt alone generally does not establish human authorship. The Copyright Office’s January 2025 guidance allows protection for human-authored elements in an AI-assisted work, so document your own creative contributions and the terms governing any generated material.
Will a DMCA notice remove a clone permanently?
No. The provider may reject an incomplete notice, and a counter-notice can trigger a 10–14-business-day restoration window unless court action is reported. Treat removal as an interim platform process, not a final ruling.
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What should I do if the clone uses my game’s name but not my assets?
A similar name may be a trademark or consumer-confusion issue rather than a copyright claim. Gather evidence of how the names and logos appear in commerce and seek advice on the applicable trademark procedure.
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