How to protect your IP against the army of AI clones
Law firm Pryor Cashman advises US developers on protecting games from AI-driven cloning through risk assessments, NDAs, trademarks, and early enforcement preparations.
Generative AI has accelerated unauthorized cloning of games, prompting developers to reconsider public demos and early access due to rapid replication risks. Firms like Pryor Cashman recommend private playtesting and strict NDAs to limit exposure of confidential materials and prohibit AI-assisted capture or analysis of gameplay footage.
Developers should implement watermarking, password protection, and revocable access for shared materials, while ensuring all contributors sign work-for-hire agreements to maintain clear IP ownership and prevent future disputes over rights or licensing.
Trademark registration with the USPTO, filed months before release, provides federal protection and strengthens enforcement against infringement on platforms, with applications currently taking around 10 months to process.
Building a brand by securing domain names and social handles early helps prevent cybersquatting, while ongoing monitoring and swift legal action—including preliminary injunctions—are critical to stopping unauthorized clones before they spread.