Pryor Cashman lawyers outline US legal steps against AI game clones

Simon Pulman, Josh Weigensberg and Joshua Greenberg of Pryor Cashman's Interactive+Gaming practice group published practical guidance on GamesIndustry.biz on 13 November 2026. It covers how developers can protect their games under US law against clones made with generative AI. The authors say AI is facilitating a new wave of rapidly assembled, unauthorised clones, mods and ports of existing games.

The article notes that Steam Next Fest featured over 8,000 demos in October 2026, many made partly or entirely with generative AI tools. It also says developers are starting to report cancelling public demos for fear of being cloned before release. The authors suggest that sharing early prototypes, demos and early access builds may become a risky approach, and that developers should assess risk before showing work in progress. They say games built on unique mechanics may be more exposed than story-based games or those with a strong existing brand or IP.

For sharing work, the lawyers call NDAs best practice from a legal perspective. They say the agreements should bar sharing confidential information, recording or video capture of gameplay, and putting game-related media or information into any LLM, chatbot or similar generative AI technology. They pair this with watermarking, password protection and revocable or time-limited access. They also recommend that feedback and contributions from employees, contractors, composers, voice actors and outside studios be covered by work-for-hire terms or assigned to the developer. Studios should also set a policy on AI use and make sure vendors and contractors follow it, so confidential information and trade-secret protection over code are not lost.

On registration, the authors say rightsholders should file with the US Copyright Office before any publicity or release. Suitable assets include scripts and narrative materials, character designs, key and concept art, original music, and trailer footage. They state that a registration, not merely a pending application, is generally required before a federal infringement action over a US work. They add that timely registration can bring statutory damages of up to $150,000 for willful infringement without proof of actual financial damages, plus attorneys' fees. Those remedies are often unavailable if registration is sought only after the infringement occurs.

For trademarks, the lawyers suggest applying to the USPTO on an intent-to-use basis several months before the planned release. They say the process currently takes around 10 months, and applicants can obtain a Notice of Allowance and then file a Statement of Use once the game is released. They say a federal registration generally strengthens enforcement, especially with notices to distribution platforms and under ICANN's UDRP. They also advise securing domain names and social handles for the game, studio and major brands.

On enforcement, they recommend ongoing monitoring, including professional providers that find online infringement. Responses can include a cease-and-desist letter, a takedown notice, a civil lawsuit, or a combination. A preliminary injunction requires showing irreparable harm, and the authors say any prior delay can undermine that claim. Their stated goal is to have chain-of-title documentation, registrations and enforcement procedures ready before the first public reveal.