Copyright expiration & Intellectual property
Hi all,
I''m a member of a small game-dev group. Our current project is based on an old game from the C64. Since Hasbro''s lawsuit we started thinking about our game. It''s got much features, so that it differs in many points from the "original" (and it''s in 3D :-). We planned to adapt the title of the original game.
Will we harm any copyrights (for the name of the game) or IP''s of the author of the "original", when we release the game???
Have or had some of you the same prob?
Did somebody solve it and if yes, how?
Stony
~~~
A bus-station is where a bus stops.
A train station is where a train stop.
On my desktop there is a workstation...
~~~A bus-station is where a bus stops.A train station is where a train stops.On my desktop there is a workstation...
**DISCLAIMER** I am not an expert in law or copyrights, I''m going almost completely off hearsay. Should the use of this information result in any legal pursuit against the reader, I assume NO responsibility. Reading this post waives the reader''s right to hold me responsible. **END DISCLAIMER**
Not that that''s exactly legally binding but I just thought I should warn you.
Now, don''t quote me on this but AFAIK, copyrights expire after 50 or 75 years (unless the owner anulls it) or so many years after the death of the creator (that''s about how it works with books and I don''t imagine it''s be much different). Basically, if you want to sell your game, you''d be wise to get a license from the original makers or at least consult an attorney or copyrighting office (if that''s what yopu''d call it) about it. If it''s a free game, don''t worry too much, unless the company is still making money off the original but being it was on the C64, I wouldn''t worry too much about that.
-Goku
Not that that''s exactly legally binding but I just thought I should warn you.
Now, don''t quote me on this but AFAIK, copyrights expire after 50 or 75 years (unless the owner anulls it) or so many years after the death of the creator (that''s about how it works with books and I don''t imagine it''s be much different). Basically, if you want to sell your game, you''d be wise to get a license from the original makers or at least consult an attorney or copyrighting office (if that''s what yopu''d call it) about it. If it''s a free game, don''t worry too much, unless the company is still making money off the original but being it was on the C64, I wouldn''t worry too much about that.
-Goku
From http://www.copyright.gov/
quote:
A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author''s life plus an additional 70 years after the author''s death. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author''s death. For works made for hire, and for anonymous and pseudonymous works (unless the author''s identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.
I''m sure the answers to your copyright questions can be found on that site.
Epolevne
Copyrights (the work itself as a whole is copyrighted) and trademarks (names, character likenesses, etc, are usually registered as trademarks) aren''t the same thing so don''t get them confused. If you so much as use a similar sounding name to a trademarked one, you will get yourself easily sued, and have no defense whatsoever. This was established when various games tried to use *tris, which was an obvious take on tetris, without getting permission. You cannot use a name that will take advantage of the popularity of a trademarked name.
As for game content being similar (going 3d doesn''t generally mean much), there''s plenty of that discussion going on and it seems no one''s real sure where the lines are. That''s what the lawsuits and courts will decide.
So, assuming your game is different enough to not have a problem, you''ll be ok on the copyright side. But don''t even try to use a similar name or you''ll probably get nailed on the trademark issue, assuming the name is trademarked. It can''t be too difficult to think up a fairly original name that still conveys your gameplay, so just do that and save yourself the risk of legal trouble.
As for game content being similar (going 3d doesn''t generally mean much), there''s plenty of that discussion going on and it seems no one''s real sure where the lines are. That''s what the lawsuits and courts will decide.
So, assuming your game is different enough to not have a problem, you''ll be ok on the copyright side. But don''t even try to use a similar name or you''ll probably get nailed on the trademark issue, assuming the name is trademarked. It can''t be too difficult to think up a fairly original name that still conveys your gameplay, so just do that and save yourself the risk of legal trouble.
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