The legal principle: the idea vs expression dichotomy
French law applied to board games is based on a central principle, codified in article L. 112-1 of the Intellectual Property Code: only the original form of expression of a work is protected, not the idea behind it. This idea/expression dichotomy has been constant in case law for more than 50 years and was recently recalled by the Court of Cassation (judgment of September 17, 2024, no. 23-12.847) regarding a dispute between two publishers of board games.
Concretely, this means that a game mechanic - "a game where each player collects resources to build cities", for example - is not protectable in itself. On the other hand, the specific text of the rules, the original illustrations, the name of the game and the visual identity are protected by copyright from their creation, without formality, provided they present the originality required by law.
What is protected: illustrations, texts, visual identity
The illustrations are the best protected element in French board game law. As soon as they present originality - even modest - they benefit from the author's monopoly for 70 years after his death (article L. 123-1 CPI). This includes card illustrations, board visuals, original pictograms, mascot characters. Any substantial reproduction or imitation constitutes an act of counterfeiting.
The texts benefit from the same protection: written rules of the game, text of the cards (plot, clues, scenarios), animation guide. The protection covers the precise wording, not the general concept. Rewriting rules in your own words to explain an unprotected mechanic is legal. Copying or closely paraphrasing the original text is not.
Visual identity and the artistic direction (combination of fonts, color palettes, characteristic layout) can be protected if the combination is sufficiently original and recognizable. It is rarer than the illustration or the text but it exists - French case law has already protected the artistic direction of known card games.
What is not protected: mechanics, themes, data
, except in exceptional cases of patentable invention (very rare, and the patent is expensive and limited to 20 years). The game loop, the victory point system, the turn-based system, the game phases: all of this is freely reusable. This is the reason why we legally observe families of games sharing mechanics (worker placement games, deck-building games, bluff games, etc.) without possible infringement., except in exceptional cases of patentable invention (very rare, and the patent is expensive and limited to 20 years). The game loop, the victory point system, the turn-based system, the game phases: all of this is freely reusable. This is the reason why we legally observe families of games sharing mechanics (worker placement games, deck-building games, bluff games, etc.) without possible infringement.
The themes are not protectable: a game about ancient Egypt, medieval trade or the pandemic cannot prevent other games from using the same theme. Figures, statistics and factual data are not protected in themselves either (article L. 112-1 CPI), only their original arrangement can be protected (case of a quiz whose selection-organization of questions presents originality).
Copyright protection is automatic: no formality is necessary for a work to be protected. But in the event of a dispute, you still have to prove that the work belongs to you and that it existed before that of the infringer. This is where prior art proof tools come into play.
How to prove anticipation: INPI filing, Soleau envelope
Copyright protection is automatic: no formality is necessary for a work to be protected. But in the event of a dispute, you still have to prove that the work belongs to you and that it existed before that of the infringer. This is where prior art proof tools come into play.
The Soleau envelope (INPI) is the historical tool: we leave a sealed envelope with a description of the work, the INPI dates the sending, conservation 5 years (renewable). Symbolic cost. The e-Soleau digital deposit (since 2018) is gradually replacing the paper format, same principle, dematerialized. Filing with a bailiff or a notary offers more solid proof but represents a significantly higher cost.
Filing with the SACD or SCAM is interesting for narrative games and scenarios. The bailiff's report on a website allows you to establish the online date. Our recommendation for a B2B project: e-Soleau upon finalization of the prototype + dating of all signed proofs (Bon À Tirer). Marginal total cost, and it's robust in case of litigation.
The brand: protecting the name of the game and the logo
The name of a game and its logo fall under trademark law, not copyright stricto sensu. Protection comes through a filing with the INPI in adapted classes (class 28: games and toys; class 41: teaching and educational services; class 16: paper, office articles). Moderate envelope for 3 classes across Europe, duration 10 years renewable.
Before any deposit, make a prior art search on the INPI base and on EUIPO (European brand) is essential. Cost: free online. This avoids registering a trademark that has already been taken (rejection of the registration + lost costs) or commercially using a name that would violate an existing trademark (risk of infringement action).
For a B2B game with European ambition, the EUIPO (European trademark) filing covers the 27 Member States, at a higher cost than the national filing. For a game intended solely for internal business use (without marketing), registration is not obligatory but remains recommended if the name is distinctive.
The author's contract: assignment vs. license, and remuneration
transfer of rights transfer of rights (the author transfers his economic rights to the company, which becomes the owner) and the operating license (the author retains his rights, the company pays for limited use).
The contract must specify, under penalty of nullity (article L. 131-3 CPI): the extent of the transfer (what rights: reproduction, representation, adaptation), the destination (authorized uses), the territory (France, Europe, world), the duration. A clause omitting any of these elements is invalid.
remuneration of board game authors remuneration of board game authors.
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Request a quote in 48hThe 5 most common legal pitfalls in B2B
Trap #1 – using poorly verified free images. Many sites advertise “royalty free” images which are not for commercial use. Systematically check the license (Creative Commons CC0 or CC-BY-SA for commercial use, never CC-BY-NC for a paid B2B project). If in doubt, purchase a professional stock photo license (Shutterstock, Adobe Stock) or order an original illustration.
Trap no. 2 - subcontracting without an assignment contract. If a freelance illustrator works without a clear rights assignment contract, the company cannot exploit his works freely - including internally. Always a written contract, even for a modest service.
Trap #3 - mentioning a third-party brand in-game without permission. Putting a Coca-Cola logo, an SNCF visual or an existing product name in a board game without express agreement exposes you to trademark infringement action. For an internal training game on its own brands: OK. For a game citing third-party brands: written authorization required.
Trap n°4 - using a patented mechanism. Very rare but possible. Some mechanics are patented (the “Magic: The Gathering” patent on collectible card games, for example, fell into the public domain in 2014 but set a precedent). A quick upstream INPI search is free and avoids this risk.
Trap #5 - copying an existing game too closely. Even if the mechanics are not protected, the combination mechanics + aesthetic + name + universe can constitute a slavish copy which gives rise to an action for unfair competition. The solution: have the project validated by a lawyer specializing in intellectual property before production (a few hours' fees, really profitable).
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Request a quoteQuestions frequent
Is my game idea protected by copyright?
No. An idea alone is never protected, only the original form of expression is. To protect your project, you must formalize: written rules, illustrations, dated prototype. Protection appears as soon as these concrete elements are created - not before.
How much does it cost to register a board game with the INPI?
The e-Soleau envelope represents a symbolic cost (proof of precedence, 5 years renewable). The trademark registration represents a moderate envelope for 3 classes across Europe (10 years renewable). A patent (rare for a game) requires a larger budget and lasts 20 years, non-renewable.
Can I take inspiration from an existing game to create a new one?
how to start your board game how to start your board game). You can freely reuse the mechanic (unprotected) and theme (unprotected). You may not copy the illustrations, the precise text of the rules, the name, the logo, nor reproduce the overall aesthetic in a slavish manner. Test the difference with the original: if an average player would confuse the two games, it's too close.
Is a written contract required with a freelance illustrator?
Yes, necessarily. Without a written transfer of rights contract specifying the scope, destination, territory and duration, the company has no exploitation rights - including for internal use. A standard contract takes 2 pages and represents a moderate cost with a lawyer (one-off, reusable).
Does copyright protect the rules of the game?
Yes for the written form (the specific text of the rules), no for the logical content (the mechanics). You can rewrite the rules of an existing game in your own words to explain an unprotected mechanic, but not copy and paste or closely paraphrase the original text.
Sources: INPI (protect your creations) · Légifrance (CPI).