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Enforcement > International Considerations - Pg. 162

A Primer on Intellectual Property Mods 162 There is a healthy traffic in user-generated modifications and contributions to games known as "mods." Mods are generally thought of as being good for business because they extend a product's life by adding content and increasing user involvement with the property (making sequels more likely). As discussed, copyrights on software programs reserve the right to modify and distribute copies of programs. However, many game developers provide tools to create modifications and a limited license to users for non-commercial creation and distribution of mods. The key is that users may not have any commercial purpose in their activities. Note CAUTION It is very important to have alicense in place for these rights; ifusers do not have to sign a licenseto modify the software, a nakedlicense to the trademarks may becreated that can diminish theowner's rights to the trademark. Key terms of mod licenses: · No modification or distribution may be for any commercial purpose. · Users assent to the license with a "click-wrap" end user license agreement in which the "I Agree" button must be clicked to download the mod tools. · Mods must only function with the full version of the game, not the demo version. · Hosting of multiplayer versions of the game for non-commercial purposes is allowed. · Users may not use the company's IP in advertising or promotion. International Considerations Protecting intellectual property abroad is complex and extremely expensive. Many countries do not enforce rights against infringers with anything approaching vigor. The registration and application processes must generally be repeated in every country. There are various treaties that have tried to streamline the process and create more uniform enforcement procedures, but we are still a long way off from a universal standard. One important treaty, the Paris Convention, has over 140 signatory countries that have agreed to give the intellectual property of foreigners the same rights that it affords its citizens. The second major facet of the Paris Convention is the Right of Priority . The Right of Priority gives you one year to file for a patent, six months for a trademark, from the date you filed in your home country, with the effective date of the foreign registration being your home country filing date. Example: Table 5.6. International IP Protection US Trade Secret Trade secrets protected in US Copyright Notice recommended; Registration required to sue and receive certain kinds of compensation; Company can be owner of copyright; No moral rights for author Trademark Limited rights from use; First to use owns the mark; Marks must be used or risk cancellation; Use must be substantial commercial use;