How do those work for board games? Let's say, if I were to make 13 Dead End Drive here on BYOND, could I name it 13 Dead End Drive? Or should the name be ammended in any way. I understand that the odds of me getting sued or whatever for having something like that on BYOND are slim-to-none, but none-the-less, how does that stuff work?
Prodigal Squirrel
ID:275890
 Jan 22 2005, 9:42 pm
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See http://whatiscopyright.org for lots of useful info on the subject.
If I'm inspired by a game or movie or whatever, I try to avoid making a direct fangame. Rather, I prefer to come up with my own game and "borrow" elements from several sources. That way I end up with unique games, don't turn off people who get turned off by fan game, and I avoid any copyright or trademark issues. That way I don't have to worry about questions like yours. =) | |
But here it is in a nutshell: (OPINION ONLY- NOT LEGAL ADVICE: SEE DISCLAIMER AT BOTTOM)
Both state and federal law protect the intellectual property interests of artists. State law, obviously, varies by state, but federal law is uniform.
General speeaking, the author of a work holds all rights to a work including publication and copyrights and can seek injunctions against violators. Damages may also be availible in certain situations.
Using the name of another's work is misappropriation of their work. Likenesses that confuse or dilute the value of the original can also be in violation of federal and state protections.
Complicating this is the fact that the DMCA adds criminal penalties to some violations.
However, pure ideas cannot be protected and are fair game if not recorded in a fixed medium.
By way of example, Star Wars is protected and any game/book/etc. the included Jedi, the Force, or Luke Skywalker would be infringing works. A story about a future where an oppressive intergalactic empire rules and a young knight using fantastical powers leads an overthrow would not infringe unless the story would likely confuse or harm the original (say, by having a deceptively similar name and cover).
So if you make a game similar to 13 Dead End Drive, but call it something else and don't use their graphics or other protected material, you should be okay.***
***This is merely opinion and does not constitute legal advice. I charge for that:-)