IP (was Re: War of the Ring)

From: craigld@my-dejanews.com

Date: Wed, 02 Dec 1998 00:00:00 +0000

In article <vohg1az1v2h.fsf@bosco.berkeley.edu>,
  David desJardins <david@desjardins.org> wrote:

> Well, perhaps this is the reason that I disagree so strongly with your
> statements, the ambiguity in your language.  I'm not even sure whether
> you are saying that it's better to have your works be "based on"
> existing works, or to have it be "derivative of" them?  By definition,
> copyright gives the author rights to "derivative works".  However, it's
> very complicated, not simple, to determine what is and is not a
> "derivative work".

Yes, it probably is my fault.

The definitions as I used them:
A game 'based on' Lord of the rings would use the same map, characters, etc.

A game 'derivative of' Lord of the rings, would have a similar style, ethos,
and probably racial mix ('good' and 'evil' largely divided by racial/ethnic
group; existence of 3' or so tall rural race, etc.) But would have several
noticeable differences.

For example, the earliest works of both Terry Brooks and especially Dennis
McKiernan are highly derivative of Tolkien, but SFAIK had no licence.

Using the concepts behind a writer's work can almost certainly be
accomplished, to do a game similar to an existing work ('Gibson-esque
roleplaying in the near- future').

Probably, just by changing the names, the maps, and a few other details you
could avoid any problems.  As you said, most works are derived from what came
before.  After all, hobbits and balrogs wern't allowed in AD&D, but halflings
and Type V demons (as they were newly renamed) were allowed to continue
unopposed.

The difficulty, as I think you were saying, is determining whether what you
are taking is something truly unique to that author (which would likely only
apply to the world background as it is named and the characters), or whether
it is something non-unique, which would then be freely available.

Craig
>
>                                         David desJardins
>

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References

Re: War of the Ring
craigld@my-dejanews.com
Tue, 01 Dec 1998 00:00:00 +0000
Re: War of the Ring
David desJardins <desj@math.berkeley.edu>
Mon, 30 Nov 1998 00:00:00 +0000
Re: War of the Ring
craigld@my-dejanews.com
Tue, 01 Dec 1998 00:00:00 +0000
Re: War of the Ring
David desJardins <desj@math.berkeley.edu>
Tue, 01 Dec 1998 00:00:00 +0000
Re: War of the Ring
"MindShift Design" <mindshift@usa.net>
Sun, 29 Nov 1998 00:00:00 +0000
Re: War of the Ring
lindahl@pbm.com (Greg Lindahl)
Mon, 30 Nov 1998 00:00:00 +0000

Referenced By

Re: War of the Ring
craigld@my-dejanews.com
Tue, 01 Dec 1998 00:00:00 +0000
Re: War of the Ring
David desJardins <desj@math.berkeley.edu>
Mon, 30 Nov 1998 00:00:00 +0000
Re: War of the Ring
craigld@my-dejanews.com
Tue, 01 Dec 1998 00:00:00 +0000
Re: War of the Ring
David desJardins <desj@math.berkeley.edu>
Tue, 01 Dec 1998 00:00:00 +0000
Re: War of the Ring
"MindShift Design" <mindshift@usa.net>
Sun, 29 Nov 1998 00:00:00 +0000
Re: War of the Ring
lindahl@pbm.com (Greg Lindahl)
Mon, 30 Nov 1998 00:00:00 +0000