What is IP?

Source https://www.wipo.int/about-ip/en/

Basically, anything you make, invent, design, draw and sometimes, Imagine* is defined as your IP. And is legally protected in, almost, every region on this Planet. Also, note the phrase “Artistic Works”, this is very important for the Arma modding use-case. *Imagine in this case refers to Patent Law

All IP is protected by laws that define how IP can be used. Most of these laws are governed by international Standards agreed by Treaties such as the Berne Convention , The Buenos Aires Convention. And subsequent updates of these laws. Which means while it is very complicated the specific conditions and penalties may vary region to region the meaning of the Law is (largely) consistent for all.

IP is protected by various Laws relating to some pretty specific legal definitions. Which can get complicated and confusing very quickly. So, before we go any further It’s probably best to start defining the common terms and laws:

• Patents – if you ‘imagine’ something and want that thought/design/concept to be protected under law then you need to Patent it. While this is an interesting concept it really doesn’t apply to the ArmA Community as the rules you have to follow to be granted a Patent don’t allow for scripts and addons to be protected under this legislation.

• Trademarks – Now this does apply to ArmA and addons. This is a very commercial issue and can cause you no end of problems. Using someone’s Trademark without permission can get you into hot water with Legal Notices demanding money for use of Trademarks, Cease and Desist Letters and possibly even court. There are plenty of cases out there about the use of Trademarks in Computer Games and Fan made content. Star Wars, Stargate, Star Trek mods have all been removed in the past for breach of IP/Trademark infractions. Many game makers now change the names of weapons and vehicles to avoid legal action.

• Trade Dress - This is similar to a Trademark but concerns the visual appearance of a product or its packaging (or even the design) that signify the source of the product to consumers. Ie the Shape of a HMMWV or Land Rover. Not everything is subject to trade dress though as it requires registration and legal proving to be considered unique enough to register.

• Copyright – “(or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings”. This is bit of law that is most applicable to the community. It protects anything you create and governs how it can be used.

Defining our content.
We are interested in the Arma community so we are really talking about:

1. 3D Models
2. 2D Textures
3. Configs and Scripts
4. Missions including Frameworks
5. Compositions – structures made out of pre-existing components.

Some people have suggested that addons dont fall into a protected category.  This simply is not true.  The Law does explicitly cover some of these things. For example, 2D and 3D textures and models are considered as “Artistic Works”. Things like Scripts and configs, standing alone, could be considered computer programs but there really isn’t much precedent that I am aware of.  Combined with 2D and 3D models into a PBO there is definite legal precedent and they are considered at the same time as both "software" and "Artistic Works". Missions and frameworks can be argued to be the equivalent of a story in a book or a film script. Or even software.

My point here is that not all the legal definitions have caught up with the digital age and there is some interpretation possible. And the judgement will usually fall down to what the judge understands them to be. Not what you think they are.

Reference Links:
1. International: https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm
2. UK: https://www.gov.uk/intellectual-property-an-overview
3. UK: https://www.gov.uk/topic/intellectual-property
4. UK Copyright, Designs and Patents Act 1988 : http://www.legislation.gov.uk/ukpga/1988/48/contents
5. EU: https://ec.europa.eu/trade/policy/accessing-markets/intellectual-property/index_en.htm
6. EU: https://en.wikipedia.org/wiki/European_intellectual_property_law
7. EU: https://en.wikipedia.org/wiki/Category:Intellectual_property_law_of_the_European_Union
8. EU: https://www.iprhelpdesk.eu/sites/default/files/documents/EU-IPR-Guide-IP-in-Europe.pdf
9. UK on US law a Guide - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/456368/IP_rights_in_USA.pdf
10. US: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217699/
11. US: https://www.uspto.gov/sites/default/files/documents/UK-SME-IP-Toolkit_FINAL.pdf
12. US: Stanford Law: https://fairuse.stanford.edu/overview/introduction/intellectual-property-laws/
13. US: https://www.copyright.gov/title17/
15. https://en.wikipedia.org/wiki/Trademark
16. https://en.wikipedia.org/wiki/Copyright
17. https://en.wikipedia.org/wiki/Trade_dress
18. https://en.wikipedia.org/wiki/Patent