Ethics is about deciding what is right and wrong. In animation and game design, ethical questions come up all the time: Can I use this song in my game? Is it OK to copy this character? Can I download software I cannot afford? Closely linked are the legal risks, especially around intellectual property such as copyright and patents. Note: this post is general information for learners, not legal advice. Laws differ from country to country.

Ethical, moral and social issues

Here are some common situations. Each one may seem harmless, but each is wrong and often illegal:

• Downloading expensive software from file-sharing networks instead of buying it. This is software piracy. It takes income from the developers and can also expose your computer to malware.
• Copying a borrowed CD or a rented DVD before returning it. You are keeping a copy you have not paid for.
• Stripping DRM (Digital Rights Management) protection from downloaded media to make an unprotected copy. In many countries, getting around DRM is illegal even if you bought the item.

Plagiarism

Plagiarism is presenting someone else’s work or ideas as your own, for example tracing another artist’s character and calling it yours, or copying code without credit. Always credit your sources and create original work. See also: Information Protection and Misuse.

The Open Movement

The Open Movement is the idea that knowledge and creative work should be freely available to use, share and improve. It includes:

• Open source – software whose source code is published under a licence that lets anyone use, study, change and share it (for example Blender and Godot).
• Open data – data that anyone can freely use and share.
• Open Educational Resources (OER) – teaching and learning materials that are free to use and adapt.
• Creative Commons (CC) licensing – licences that let creators give the public permission to share and reuse their work under certain conditions.

Open source vs public domain

These are not the same. Open source work is still protected by copyright. The owner gives permission through a licence, and you must follow its terms. Public domain work has no copyright protection (for example because the copyright has expired or the creator gave up their rights), so anyone can use it for any purpose.

Creative Commons licence elements

Symbol	Meaning
BY (Attribution)	You must credit the creator.
SA (ShareAlike)	If you change the work, you must share your version under the same licence.
NC (NonCommercial)	You cannot use the work to make money.
ND (NoDerivatives)	You can share the work but not change it.
CC0	The creator has given up their rights as far as the law allows, similar to public domain.

Look at the “Attributions” sections at the end of our posts. They show how to credit Creative Commons images correctly.

Intellectual property, copyright and patents

Intellectual property (IP) means creations of the mind, such as art, music, stories, software, inventions, names and logos. IP laws give owners certain exclusive rights.

Type	What it protects	Examples in animation and games
Copyright	Original creative works: art, animation, music, scripts, code. It protects the expression, not the general idea.	Character artwork, a game’s source code, a soundtrack
Patent	New inventions, such as a new technical process or device.	A new type of motion controller
Trademark	Names, logos and slogans that identify a brand.	A studio’s logo or a game series name

Why IP matters

IP protection lets creators earn from their work, encourages new ideas and investment, and stops others from copying and selling that work without permission.

Getting protection

• Copyright usually applies automatically as soon as an original work is created and fixed (drawn, saved or recorded). Some countries also offer optional registration. Keep dated drafts and files as proof that you made the work.
• Patents are not automatic. You must apply to a patent office, and the invention must be new and not obvious. Patents usually last for a limited time (commonly 20 years).
• Check your own country’s intellectual property office for local rules.

Penalties for infringement

Using protected work without permission is called infringement. Depending on the country and how serious it is, penalties can include paying damages, court orders to stop, destruction of illegal copies, fines, and in serious cases (such as large-scale piracy) prison. Online stores can also remove infringing games and videos.

Authorised use of copyrighted material

• Get permission or buy a licence (for example stock music or asset packs).
• Use Creative Commons or public domain material and follow the licence terms.
• Some countries allow limited use for purposes like education, criticism or news (“fair use” or “fair dealing”). The rules are narrow, so check before relying on them.

Reducing the risks

• Quality control – check every asset (art, sound, code, fonts) and record where it came from and what licence it uses.
• Copyright – keep evidence of your original work, and put copyright notices on your projects.
• Patents and trademarks – protect genuinely new inventions and your brand name where it makes sense.
• Contracts – agree in writing who owns work created by team members and contractors.
• Make it yourself – original art, music and code avoid most problems.

Video

This short animation from Creative Commons Aotearoa New Zealand explains the four licence elements and the six Creative Commons licences.

Exercise

1. Explain why each of the three situations under “Ethical, moral and social issues” is wrong.
2. What is the difference between open source and public domain?
3. Find a Creative Commons image on Wikimedia Commons. Write a correct attribution for it and state what its licence allows.
4. Create an asset log (a table) for a small game listing each asset, its creator, its source and its licence.

Next: The Game Design Process: Brainstorming, Rapid Prototyping, Playtesting and RAD vs Waterfall

Syllabus link: This post is relevant to the CAPE® Animation and Game Design Syllabus, Unit 1: Fundamentals of Animation and Game Design, Module 1: Understanding Animation and Game Design – Specific Objective 18 (“outline ethical issues associated with animation and game design”); Specific Objective 19 (“identify risks associated with animation and game design”); Specific Objective 20 (“develop solutions to mitigate the risks associated with animation and game design”).

Attributions to media used in this post:

CD stack.jpg – mutednarayan – CC BY-SA 2.0 (via Wikimedia Commons)

Copyright.svg – Unknown author – Public domain (via Wikimedia Commons)

© 2026 Vedesh Kungebeharry. All rights reserved.