Anyone know what constitutes violation of US copyright? I borrowed some ideas
from Star Fleet Battles for the Full Thrust tactical rules we've written and
I'm wondering if using system names from SFB violates their copyright.
I designed Hellbore, Expanding Sphere Generator, and Phasors for Full Thrust
and I'm wondering if I should change the name of these systems before
submitting the rules to the Unofficial Full Thrust page.
Anyone out there have any suggestions???
Pete
> At 11:24 AM 1/28/97 -0500, you wrote:
I don't know US copyright, but since the US adheres to the Berne convention,
it is close to Canadian law. As for Canadian law, my wife is a law clerk
specializing in litigation, so this isn't just off the top of my head.
You should be okay. You can't copyright rules or names. You can copyright the
specific wording of game rules, but you can not copyright the rules
themselves. You can't copyright names but you can trademark them. This is easy
to check, as there should be a trademark (TM) or registered trademark (R)
beside the name of the weapon system. There should also be a trademark blurb
for these systems in the front of the book if they are trademarked, too.
Even if they ARE trademarked, you may still be in the clear. If you use the
name and acknowledge the trademark, you're pretty safe. The reason
corporations get antsy about trademarks is that you can LOSE your trademark if
you don't defend it. If you don't defend the trademark, the law feels that you
are no longer interested in it and it goes back out into the public domain.
However, even if you do acknowledge the trademark, you aren't totally safe.
You could still be sued. For instance, Wal-Mart sued an Alberta store
called Walmart (or Wallmart) when the huge US chain started to make in roads
into Canada. This is in spite of the fact that the other store has been around
longer and "Wal-Mart" hadn't been registered in Canada. A lot of
Americans don't realize that US trademarks don't apply in Canada. So, you
could still be sued. This is HIGHLY unlikely as it costs money and if you
simply pull the document, they are out of the money for the Statement of Claim
(or US equivalent). You would probably just get a "big foot" letter. This is
the kind of letter that says "cease and desist or we'll sick the lawyers on
you." At that point, you can change the names without a problem.
So, look for the Trademark or Registered Trademark symbol or blurb. If they
aren't there, you are safe. If they are there, make use of them but give
proper credit. If you get a message from Task Force Games telling you to not
use their trademarks (and I think this would fall under the fair use clause in
US trademark law anyway) change them. If you are REALLY worried, send a copy
to Task Force Games and see what they say (include a SASE to be totally up
front about it).
Hope this helps.
Game systems cannot be copyrighted. The written rules can be but not the
systems. Change the names and the specifics and you're in the clear legally.
Of course "borrow" too much and folks won't look favorably on you.
Paul
.----------
From: pcaron%nhqvax.dnet@rapnet.sanders.lockheed.com[SMTP:pcaron%nhqvax.dnet@r
apnet.sanders.lockheed.com]
Sent: Tuesday, January 28, 1997 8:24 AM
To: @ftmail
Subject: Copyright Schtuff...
Anyone know what constitutes violation of US copyright? I borrowed some ideas
from Star Fleet Battles for the Full Thrust tactical rules we've written and
I'm wondering if using system names from SFB violates their copyright.
I designed Hellbore, Expanding Sphere Generator, and Phasors for Full Thrust
and I'm wondering if I should change the name of these systems before
submitting the rules to the Unofficial Full Thrust page.
Anyone out there have any suggestions???
Pete