My group is putting together a game *inspired by* a title put out in the late 80s/early 90s on the Amiga/Amstrad (Terrorpods). The copyright is not registered and the company that put it out has long-since been defunct. Our game is simply a reinterpretation of the original title - a complete story in the manner of "The War of The Worlds." The only thing they really have in common is the title "Terrorpods", everything else is our very own. Is this ok? Or should we be seeking a new name for the game (a difficult task). I'm not entirely sure if it's 'legal' to release something under a title that has been used before or what liabilities it would open up.

What's funny is that it would usually be legal EXCEPT in cases like yours. In the legal realm, they have the rights to all "derivative" works ... which definately means if I release "Superman", you can't remake "Superman" 20 years later based on it, nor make "Superman 2" ... but you can probably make "Mega Power Man" ... and someone who is writing a heartwarming story about a school superintendent could probably be "Superman" as well, or at least "The Super Man" or some such .. but not if based on the original.

course, copyright, trademark, trade secrets, and patents are not laws like murder and theft. Intellectual property is NOT inheirently protected by the goverment - a concerned citizen or an overzealous DA could not sue you over copyright violations. Intellectual property rights are exclusive rights granted to a person or corperation, and only that person or corperation has the right to enforce them (or of course anyone they sell or assign those rights to). In other words, only a copyright holder can decide if you have wronged them and sue you ... some other company that hates you guts cannot call up the goverment and tell them to make you stop. Because "violating" copyright is not a crime, unless the copyright holder say's you have violated their copyright.

Quote: Original post by zarthrag
My group is putting together a game *inspired by* a title put out in the late 80s/early 90s on the Amiga/Amstrad (Terrorpods). The copyright is not registered and the company that put it out has long-since been defunct.

Our game is simply a reinterpretation of the original title - a complete story in the manner of "The War of The Worlds." The only thing they really have in common is the title "Terrorpods", everything else is our very own. Is this ok? Or should we be seeking a new name for the game (a difficult task).

I'm not entirely sure if it's 'legal' to release something under a title that has been used before or what liabilities it would open up.

Copyright doesn't have to be registered, it is automatic. In some countries (USA) you get additional protection if you register but your work is still protected if you don't.

As for the company. If they are bust then it is likely that someone bought their assets and owns the copyright (but probably doesn't even know it). Alternatively, as few publishers back then paid attention to copyright, it is likely that the original developer now owns the copyright. They too may long ago have forgotten they own it and it will likely stay that way - provided you don't remind them by launching a similar game with the same name.

Change the name and make sure the game isn't a straight copy and you should be OK. If in doubt consult a lawyer.