How to protect a game character with design rights:
Game characters are no longer just “cool drawings” on a screen.
They are brands: recognizable shapes, silhouettes, outfits, weapons, emotes and expressions that players instantly associate with a specific game or studio.
But when a game studio finally asks the key legal question:
“How do we actually protect the look of our character?”
the answer is rarely straightforward.
Copyright helps, trademarks help, but one of the most practical tools in the EU and many other jurisdictions is often overlooked:
Registering the character as a design (industrial design).
And the good news is:
you don’t need to register every animation, emote and skin.
You just need to choose a few strategic poses
What are design rights for game characters?
In many jurisdictions (for example in the EU), design protection (industrial design) covers the visual appearance of a product or part of a product – including characters and other visual elements from games.
For game developers, this means you can protect:
- the overall look of a character,
- characteristic outfits or armor,
- distinctive accessories or weapons,
- and sometimes even a very recognisable silhouette
Unlike copyright, which usually arises automatically, registered design rights give you:
- a formal registration certificate,
- a clear scope of protection (based on the images you file),
- stronger position in enforcement and negotiations with publishers, licensees and infringers.
You can’t register every frame – and you don’t need to
A living game character appears in thousands of frames and animations:
- idle stance,
- walking, running, jumping,
- attack and defense animations,
- victory poses and emotes,
- menu and loading screens,
- promotional key art.
Many studios assume that, to be safe, they would need to protect all of these versions.
That’s not realistic – and fortunately, it’s not necessary.
Design protection is built around static images. The legal test usually focuses on the overall visual impression the design makes on the informed user. That means you can work with a carefully selected set of poses that capture what really makes your character unique.
Choosing the right poses: what should a game studio register?
When registering a game character as a design, think strategically.
Ask yourself:
In which few visual appearances does this character “carry the brand” the most?
In practice, that often includes:
The primary standing / idle pose
The default way players see the character in menus, character selection, loading screens or promotional images.
This is often the core design image.
The most used promotional pose (key art)
The dynamic action pose that appears on:
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- store pages (Steam, Epic, console stores, mobile stores),
- banners and ads,
- posters and social media visuals.
A strong profile or silhouette view
If the character has a distinctive silhouette (unusual headgear, weapon, wings, tail, body shape), protecting a side or angled view can make it much harder for others to copy “almost the same” character with small tweaks.
Any alternative appearance that is central to the brand
Not every skin or cosmetic needs to be protected.
But if there is:
-
- a “default” skin that is always used in marketing, or
- one alternative look that becomes iconic for the character,
then it may be worth including in the design portfolio.
The goal is not “more images”, but better chosen images.
A compact, well-thought-out design registration can be more effective than trying to capture every possible animation.
Why not rely only on copyright?
In many countries, the visual appearance of a game character is also protected by copyright, provided the character is sufficiently original.
However, relying solely on copyright has some practical challenges:
- Copyright disputes often involve abstract arguments about originality and similarity.
- You may need to prove that your character is more than a generic “knight”, “wizard” or “cartoon bear”.
- Courts and authorities sometimes focus on the general style rather than concrete poses.
By contrast, a registered design:
- is based on specific images you have filed,
- gives you a presumption of validity,
- allows you to argue: “This is the registered look. The competitor’s character creates the same overall impression.”
In other words, copyright is important, but design registration gives you a clear, tangible legal asset tied to the most important views of your character.
Design rights vs trademarks for game characters
Many famous characters (from games, comics, movies) are also protected as trademarks.
That typically works well when:
-
- the character is used as a logo or key visual on products,
the character itself is part of the brand identity for merchandise (toys, clothing, accessories).
However:
- trademark protection focuses on indicating commercial origin,
design protection focuses on the appearance of the character as a “product” or part of a product
In practice, a strong IP strategy for a successful game character often combines:
- copyright (artistic work),
- design (registered visuals – poses, outfits, silhouettes),
- trademark (when the character also acts as a brand).
For many small and mid-size studios, starting with design protection is a practical and cost-effective step before expanding into trademarks and larger licensing programmes.
What does a smart design strategy look like for an indie or mid-size studio?
A realistic, value-driven approach could look like this:
Identify your “flagship” characters
Not every NPC or minor enemy needs protection. Focus on:
-
- protagonists and key allies,
- recurring antagonists,
- characters that appear heavily in marketing.
Select 3–6 key images per character
Work with your art team to choose:
-
- one neutral standing pose,
- one or two dynamic poses (often from key art),
- possibly a profile / silhouette view,
- one alternative look if it is central to your brand.
Align legal and marketing assets
Make sure the images used for registration correspond to how you actually present the character on:
-
- store pages,
- trailers, posters, social media,
- in-game menus and splash screens
Plan for future iterations and sequels
If the character will evolve in sequels, expansions or re-releases, consider a strategy where:
-
- the original design is protected first,
- future major redesigns are added as new design registrations.
Integrate design protection into contracts
Ensure that:
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- the studio, not individual artists or freelancers, owns the rights to the character,
- your agreements explicitly mention design rights and the right to register them,
- any external studio producing key art assigns all necessary rights to you.
Why this matters now for game developers
The game industry is more crowded than ever.
Players scroll through store pages flooded with characters that sometimes look suspiciously similar.
At the same time:
- indie studios are building strong brands around distinctive characters,
- larger publishers are more careful about IP risk when signing new titles,
- collaborations and crossovers (skins, guest characters) are becoming a significant revenue stream.
In this environment, owning clean, well-structured design rights over your core characters is not just a legal detail – it is a business asset.
It can:
- strengthen your negotiating position with publishers,
- make licensing deals simpler,
- help you act quickly against blatant copies,
- and increase the long-term value of your IP portfolio.
Closing arguments and key takeaway for game studios
You do not need to register every single frame, animation or cosmetic variation.
What you need is a smart selection of poses that truly represent your character in the eyes of players:
- the default look,
- the iconic action pose,
- the recognisable silhouette,
- and maybe one alternative form that defines the brand.
Combined with solid contracts and a clear IP strategy, design protection can turn your main character from “cool art” into a legally secured asset that supports your game, your studio and your future deals.



