如何防范 AI 克隆大军：游戏开发者的 IP 保护指南

Generative AI usage in video game development has increased significantly in recent months. Steam Next Fest featured over 8,000 demos in October 2026, many of which were created partly or entirely using generative AI tools.

Unfortunately, but unsurprisingly, AI is facilitating a new wave of rapidly assembled, unauthorised clones, mods, and ports of existing games. And developers are starting to report cancelling public demos for fear of being cloned before they can even get their games to market.

The new paradigm might turn conventional logic on its head. For decades, games have been previewed via journalistic features, trailers, and demos. More recently, early access has given developers an opportunity to test features and build their audiences by letting them try the game as the developer iterates, while some in the industry have encouraged developers to share early prototypes on social media to gauge audience reaction before committing to production. This may prove to be a risky proposition in the generative AI era.

Given the unprecedented ability of this new technology to misappropriate games that have taken years and often millions of dollars to create, what can developers do to protect their games under US law?

#1 Ensure confidentiality

Developers should engage in a risk assessment when sharing their in-progress work. The genre and type of game might help to determine how susceptible it is to cloning – games reliant on unique mechanics might be more at risk than heavily story-based games, or those with a strong existing brand or IP.

It is best practice from a legal perspective to require NDAs when sharing footage, demos, and codes

Some developers will elect to engage in private playtesting in lieu of early access or public demos. With that said, it is best practice from a legal perspective to require NDAs when sharing footage, demos, and codes, prohibiting any sharing of confidential information, recording, or video capture of gameplay – as well as any inputting of game-related media and information into any LLM, chatbot, or similar generative AI technology. This can happen in concert with practical measures such as watermarking – which can also assist later with proving infringement at the enforcement stage (see #6) – along with password protection, and revocable/limited-time access.

Moreover, to the extent that parties are being asked to provide feedback, it would be best practice to ensure that the paperwork confirms that any suggestions or contributions to the game are made on a work-for-hire basis and, in the alternative, are assigned exclusively to the developer. This includes employees, independent contractors, composers, voice actors, and outside studios, who should also obtain corresponding agreements from their personnel so all relevant rights flow back to the ultimate rightsholder.

Certain subsets of the video game industry are, by their nature, collaborative and informal, and that orientation to community engagement can produce incredible results. But developers must strike a balance between frictionless sharing and measures to protect their valuable IP. Standardised, developer-friendly agreements and clear contributor processes can help preserve that collaborative culture without leaving ownership gaps that complicate future licensing, publishing, financing, or enforcement.

#2 Understand your contractors' and collaborators' use of AI

As the rightsholder, it is important to understand how other people touching the IP are using generative AI technologies. Different studios have different approaches around AI – we have clients that are "zero AI" and others that are embracing the technologies.

The key for each company is to develop a policy and ensure that its employees, vendors, and contractors comply with that use. You don't want to open the door to infringement, or lose trade-secret protections over your code, because a contractor has made confidential information and proprietary systems available to third parties using AI without your knowledge or approval.

#3 Register copyrights

Prior to any publicity or release of the game, developers or the ultimate rightsholders should file applications with the US Copyright Office to register their copyrights in and to the game's script and narrative materials, character designs and biographies, key art, concept art, original music and sound recordings, trailer footage, and other sufficiently developed, copyrightable assets. In the US, a copyright registration (not merely a pending application) is generally required before a rightsholder can bring a federal infringement action involving a US work.

As explained below (#6), having a copyright registration already in place is critical to your ability to move swiftly to enforce your rights in a US court. Timely copyright registration can also unlock significant financial remedies: in the US, this can include statutory damage awards of up to $150,000 for willful infringement (without requiring proof of actual, financial damages), as well as attorneys' fees. Again, the timing of registration is important, as these remedies are often unavailable if, for example, a developer only seeks registration after the infringement occurs.

#4 Register trademarks

Trademark registration provides an additional, distinct layer of protection. Developers should consider applying to register the game's name as a trademark with the US Patent and Trademark Office (USPTO) on an intent-to-use basis several months before the game's planned public release. Other assets, such as a game’s characters, may also be registered in certain cases if used as part of the game's branding.

A federal trademark registration generally strengthens enforcement options

The trademark application process with the USPTO is currently taking around 10 months from start to finish and, instead of waiting to file a registration application until the game is released, rightsholders can submit the application early and go through the examination process and other parts of the application process to receive a Notice of Allowance and then submit a Statement of Use showing use of the trademark in commerce once the game is publicly released.

Although common-law trademark rights may develop as soon as the game is released, a federal trademark registration generally strengthens enforcement options, especially when submitting trademark infringement notices to third-party distribution platforms.

#5 Build a brand, secure socials

One of the strongest protections against AI cloning in the longer term is to build a brand. To that end, rightsholders should consider securing relevant domain names and social media handles to head off cybersquatting that could divert web traffic away from official publishing platforms.

Rightsholders should prioritise the principal domain-name variations and social handles associated with the game, its studio, and any major franchise or character brands. A registered trademark can strengthen enforcement options against bad actors, including under ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) and most third-party distribution platforms' impersonation and trademark notice-and-takedown regimes.

#6 Enforce your rights

Once you have obtained the protections outlined above, you will be in a stronger position to enforce your rights against infringing third parties, often by leveraging multiple types of IP protections. Setting up ongoing monitoring systems is key, and different resources are available for detecting unauthorised use of your game, including professional service providers who are experienced in finding online infringement.

When unauthorised copies of a game are discovered, the response may include sending a cease-and-desist letter or takedown notice, or filing a civil lawsuit (or some combination). Filing a lawsuit and getting a preliminary injunction from a court is a powerful tool to prevent the release and distribution of unauthorised clones, but moving swiftly is essential. When seeking a preliminary injunction in US courts, a developer must show that it faces "irreparable harm" if the infringement is not immediately halted, and any prior delay in the developer's exercise of its rights may undermine that claim in the eyes of the court.

It is important to have a US copyright registration in place before any infringement starts

Of course, it is already in developers' business interest to move quickly to stamp out unauthorised clones, as each day those clones are available in the marketplace they can cause consumer confusion and siphon sales. For these reasons and those explained in #3, it is important to have a US copyright registration in place before any infringement starts in the first place.

Digital channels and generative AI tools are eroding many traditional protections for game developers – including "time to market." Accordingly, a good IP attorney who knows the games industry can be an important tool in your arsenal. Your attorney can ensure that your agreements are comprehensively drafted, copyright and trademark registration applications are properly completed and filed in a timely manner, and marketplaces, app stores, and social platforms are monitored, as well as putting in place a rapid-response protocol to infringement that includes platform complaints, cease-and-desist letters, and litigation.

The practical objective is to have chain-of-title documentation, registrations, and enforcement procedures ready before the first public reveal, and not to begin building that infrastructure after infringement has already spread.

Simon Pulman and Josh Weigensberg are partners, and Joshua Greenberg is counsel, in Pryor Cashman's Interactive+Gaming practice group.