I'm wondering if I can incorporate the following ideas/names in my own RPG, or if it will be considered a copyright infringement. "Black" & "White" Magic? Fire1, Fire2, Fire3, etc.? Airship? ( i don't want to use it, but would i be allowed to? ) Espers? "summon" spells? specific weapons like "crystal sword" or "stardust rod"? "masamune" and "murasame" as complementary swords? (won't do this either but im wondering) The system of the old games where there's a status bar that fills and when it's full your character can attack or whatever, and then it starts filling from the beginning again? The setup of the fight screen? The setup of the inventory (or even, the color)? I know i can't use "Mog," or "Ramuh," but can I use "Bahamut," "Ifrit," or "Odin" as similar powerful-creature type things? (again, not going to, but...?)

You can incorporate the idea/gameplay in your game but NOT any of the names of the characters/summons e.t.c.

Ofcourse even the copying of the gameplay should have its limits.Do not make an exact final fantasy clone ;).Just get insipired by it.

As for the names , ofcourse you can use them.Fire as a word , Odin (nord god?) , Masamune (Legendary Japanese Swordsman) , can never be copyrighted.Just make sure the general idea of your game as I said is not an exact clone of Final Fantasy.

Like the above poster said you can use almost all of the names you mentioned. Just do a little research on them and you will find out that the majority of the final fantasy names are based off of legend folklore mythology or history. Everything that was not created by them originally is most likely fair game.

There are a lot of things that can not be copywriten trademarked or patented. The layout of a screen, the use of a color, or a specific game mechanic can usually not be protected. You could be surprised on just how much can’t the protected by law.

My advice to you would be to take a class in copywriting (a local school/college should offer one) they are usually pretty cheap and help you understand things a bit better. Although whenever you are in doubt it would be a good idea to consult a lawyer as well.

The usual answer applies here: if you really want to be sure, then you'd have to consult an IP lawyer and ask their opinion. I'm only a casual observer of IP law and its application and so I cannot guarantee that my answer is fully correct, especially when the differences between international law come into play.

However, my understanding is that generic terms cannot fall under copyright or trademark and so can be used in your game. Thus I don't see how you could be restricted from using "Fire 1" and "Fire 2" as fire spells, "Airship" to describe an airship, or "Crystal Sword" to describe a sword made of crystal.

The other terms a bit more difficult. I would not use "Masamune" to describe a sword. Yes, it is the surname of a famous Japanese swordsmith and a famous swordsman, but in this case it is used to describe a sword rather than a person. Hence it could be claimed that people associate that sword with Square games and that the term is not generic.

I also would not use "espers" to describe summoned creatures (that's what they are in Final Fantasy, right?). "Esper" is sometimes used to describe other things with a parapsychological bent, so you could use it for something else, but specifically for summoned creatures could be construed to be associated with Final Fantasy games.

As for the coloured magic system if you use a system very similar to Final Fantasy you may be in trouble. Using white magic as "good" and black magic as "bad" in some way is fine, but using blue and red magic in the same way as Final Fantasy wouldn't be.

But if you absolutely have to be sure, I'd consult someone with a law degree, preferably with an emphasis on IP law, as it's a complex and confusing thing to understand.

Esper was used in the latest installment of the series(XII).In other Final Fantasy other names were used.But yes I can never be sure of anything either all I am saying is just things I have heard and in no way do I suggest you listen to me and not consult a lawyer :)

But yes using esper for summoning creatures( or Guardian Forces (Final Fantasy VIII) , MAsamune for sword would immediately lead the person who sees it to link your game with Final Fantasy games in a way you might not want it to be :)

You should read this first In a nutshell, create something yourself rather than cloning somebody else's IP.

On to specific examples, if you used them not as a clone...

>> "Black" & "White" Magic?
Should be fine, since these are built in to culture. For Western culture black is generally attack, white is healing. Other color schemes, including four and five color elementals, are also free game.

>>Fire1, Fire2, Fire3, etc.?
These are functionally descriptive and not protected.

>>Airship? ( i don't want to use it, but would i be allowed to? )
An airship is an airship, trademark can't yank a common noun out of the dictionary. The concept of an airship or dirigible is fair game.

>>Espers?
The concept of esper (see Trapper Zoid's comment) is fair game.

>>"summon" spells?
Depends. Don't clone other people's IP and you'll be fine. Summon stuff other than Espers, and don't summon the same elementals and deities from the FF series. Summoning djinn, demons, guardians, undead, and other creatures is generally fair game.

>>specific weapons like "crystal sword" or "stardust rod"?
Descriptive names are not trademarks if they are purely functional. A crystal sword is obviously purely functional if it is a sword of crystal. A stardust rod is a bit of a stretch.. If your game isn't a clear copy of the FF series you would probably be fine.

>>"masamune" and "murasame" as complementary swords? (won't do this either but im wondering)
I wouldn't, nor would I use the names of "Masamune and Muramasa" unless I were discussing the swordsmith or the schools.

>>The system of the old games where there's a status bar that fills and when it's full your character can attack or whatever, and then it starts filling from the beginning again?
The concept is fair game.

>>The setup of the fight screen?
>>The setup of the inventory (or even, the color)?
Visual layouts and presentation are covered by trademarks. Don't clone them.


>>I know i can't use "Mog," or "Ramuh," but can I use "Bahamut," "Ifrit," or "Odin" as similar powerful-creature type things? (again, not going to, but...?)

Ramuh - The Hindu mythology's god of thunder. Fair game.
Bahamut is a powerful draconic deity of good power. Also known as Kujata. Fair game.
Efreeti are fire djinns from the elemental plane of fire, Ifrit is a specific Djinn meaning "the devil" in Arabic. Fair game.
Odin, the Chief Norse god very similar to Zeus of Greek mythos. God of thunder, war, wisdom, and honor. Fair game.
Using a collection of gods, especially when they come from the same mythos, is fair game and commonly done.



Finally, using many of those together in a system that screams "I am a Final Fantasy Clone!"? That is NOT fair game.

hhmmm... so can i set my battles up like final fantasy's or not?

"like" but not "the same as" ;)

I'm pretty sure you would be ok with using Masamune as a sword. There are a heap of non-square games that have it. Castlevania for one.