Video game companies are often eager to adopt new technologies, like artificial intelligence (AI), to enhance player experiences. However, stricter privacy and AI regulations require companies to take extra precautions to protect their core intellectual property (IP) as they adopt emerging tech.
In preparation for the Game Developers Conference 2025, we compiled five industry insights for video game developers and startups to help plot out the legal landscape ahead:
- Create an AI compliance policy early. AI can help speed up early game video development, but using AI to write core code or generate key art may weaken or even forfeit your IP rights. Be strategic about how and where AI is used, and on which video game elements to best protect valuable IP assets while still leveraging AI's benefits for efficiency.
- Update your privacy policy. The Children’s Online Privacy Protection Act (COPPA) has seen its first significant update since 2013, impacting how video game companies engage with users under 13 years of age. Video game developers with a young player audience should review COPPA’s new parental consent methods and update data retention policies by the end of 2025. Early preparation helps make for a smoother transition and avoid last-minute scrambles and potential fines.
- Cover all of your IP bases. IP rights are your shield, and enforcement is your sword, helping you fend off copycats and giving you the confidence to bring your product to market. Your portfolio should include any applicable copyrights, trademarks, and patents. Whether you envision your video game as a potential franchise or a casual title, consider securing your IP across multiple asset types to better protect and defend it in the long run.
- Lock down your user-generated content (UGC) rights. Like we saw at GDC 2024, UGC is a great way to build community among players—but users typically retain ownership unless stated otherwise. Consider reviewing your terms of service and end-user license agreement (EULA), to differentiate between external content and content created using your in-game tools and ensure that in-game generated content remains your property.
- Leverage AI and IP to keep bots and bad actors at bay. Use AI to implement smart detection algorithms and conduct frequent security updates to boot bots from your video games and prevent them from entering in the first place. If needed, consider taking legal action against entities selling hacks to stop them at the source. Taking a multi-pronged approach helps ensure a fair and enjoyable gaming experience for all.
