Hi everyone, This is a question i have had in my head for some time now. Is there such a way to make a game based upon a story like lord of the rings and make it freeware??

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Original post by FlameGuard Is there such a way to make a game based upon a story like lord of the rings and make it freeware??

Yes. You can contact the I.P. holders in question (in the case of Lord of the Rings, I believe it is the Tolkien estate) and get their permission for your freeware game. The likelihood of them accepting depends heavily on the people in question, of course.

If instead you mean you want to base your game on a story similar but different to Lord of the Rings, by all means write your own fantasy story full of elves and goblins. Just be sure to avoid infringing on any of Tolkien's I.P. and you'll be fine.

Frequently Asked Question #61:
http://www.sloperama.com/advice/faq61.htm

I have previously checked the "Tolkien Enterprise" website, It states "Three Years Industry Experience" or such, To get the rights. I take it this is for a commercial product though, While i am thinking of Freeware. They dont accept any emails applications either. It seems they do make it hard to get hold of them.

There are "companys" and such who own the rights to Lord of the rings. Such as Games workshop, New-Line , Etc. Is it possible to contact one of these companys and gain the lisence/rights via-them to create a game based upon there vision?

Such as Games-Workshop.co.uk, Wich is a "Hobbyist" table-top game.

Another question is, Would it be possible to base a story upon past-history events? Like Greece, Rome , etc? I take it these are all "public" rights?

Thanks.

The FAQ isn't very long, and it's even kind of entertaining to read...

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Original post by FlameGuard I have previously checked the "Tolkien Enterprise" website, It states "Three Years Industry Experience" or such, To get the rights. I take it this is for a commercial product though, While i am thinking of Freeware. They dont accept any emails applications either. It seems they do make it hard to get hold of them.

Makes no difference if it is commercial or free - you need to get the IP (Intellectual Property) owners permission.

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There are "companys" and such who own the rights to Lord of the rings. Such as Games workshop, New-Line , Etc. Is it possible to contact one of these companys and gain the lisence/rights via-them to create a game based upon there vision?

It is very unlikely. Those companies got permission from the Tolkien Estate to create a specific type of product and they paid a lot of money for the rights. Why would they then allow you to make a game for free when they had to pay?

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Another question is, Would it be possible to base a story upon past-history events? Like Greece, Rome , etc? I take it these are all "public" rights?

You are correct. You can use ancient events, settings, people (real or mythical).

Right, Few more questions :) .....

How can a team get together to create a Total Conversion Modification for a game like Oblivion and turn it in to "Middle Earth/Lord of the rings" world/story/characters etc, Without getting hold of the rights?

They use the entire story, Landscapes etc, Yet... They dont need to get permission? Freeware ofcourse, But no permission needed?

I dont see how its possible for a Freeware project to even get hold of the rights and such to create a free game based upon the Lord of the rings world/story if the company who has this power doesnt even respond to emails?

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Original post by FlameGuard Right, Few more questions :) .....

... Which happen to all be answered in Tom's FAQ.

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How can a team get together to create a Total Conversion Modification for a game like Oblivion and turn it in to "Middle Earth/Lord of the rings" world/story/characters etc, Without getting hold of the rights?

If they want to make the game, then that is just fine and dandy. Make the game for yourselves.

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They use the entire story, Landscapes etc, Yet... They dont need to get permission?

No problem.

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Freeware ofcourse, But no permission needed?

STOP! DOOM LIES DOWN THIS ROAD!

Making a game which you will use privately and never distribute is just fine. Making it available publicly without permission, even for free, puts you in clear violation of the law.

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I dont see how its possible for a Freeware project to even get hold of the rights and such to create a free game based upon the Lord of the rings world/story if the company who has this power doesnt even respond to emails?

Stop and think for a few moments.


Pretend that you are no longer a programmer. Pretend that you are an incredibly rich person who owns the very profitable LOTR brand.


{Begin special effects of rippling display, and your face overlaid of the rich property owner}

How much money can you, as the brand owner, get with the video game rights? Observe that "The Hobbit" now has two titles (1982 and 2003), with each one netting quite a bit of money in license fees. Imagine how much revenue flows into the IP owner's bank account every month with license fees from "Lord of the Rings Online" MMORPG? Imagine the one-off titles like "Battle for Middle Earth", and each of the three Jackson movie titles getting their own video game on PS2, XBox, and GameCube.

Think hard, and explain why the brand owner should allow a small-time programmer -- somebody with no established name -- access to extremely valuable, globally recognized IP, with IP rights that bring them a small fortune in license fees every year? Why risk damaging the name with no financial return? Why risk diluting very profitable contracts for nothing in return?

Still envisioning yourself as the owner of the LOTR brand, ask yourself if you are willing to lose control of the brand? As the brand owner, you know that you can potentially lose your rights if you don't sue everybody who makes even the tiniest infringement. Knowing this, how will you respond when a small unfunded individual blatantly violates your rights and threatens your piggy bank? Would you not take at least the minimum steps required by law to enforce your rights, suing this little bug who dares steal your father's IP?

{Now stop this exercise, special effects fading out. But please keep using your brain. }



Now that you have thought about it from their point of view, do you still think it is a good idea?

I think you may have mis-read some of the stuff i posted or i didnt explain it good enough.

A modification, can be created for a game "Example" Oblivion. They change the entire game in to the Lord of the rings world, They use characters, Locations, etc. The whole lot, They develope it as freeware, They release it to the public for free download.

Now then, If this can be done (Note: Wich has been done and is being done for a number of games, Without them being sued).....

It would be very close to go with a Custom Game engine or even a pre-made game engine and develope a freeware project that is released to the public.

See?

Free Modification = Un-Lisenced
Free Custom-Engine-Game = Un-Lisenced

One using a "Pre-Made" engine by a company wich then modders create a freeware project for.

One using a "Custom Engine" by a Indie Team wich they develope a freeware project on.

It seems to me, Why can modifications be developed on but a game can-not? They are both Freeware and use the same main concept.

Flameguard, your reasoning is very far off base. Re-read the posts above and do read Sloper's FAQ. The advice they provide is very reasonable.

I've had intimate experience with with Tolkien-licensed franchises. You don't have a right to create a product based around the LOTR universe and distribute it freely. Such distribution can weaken the value of the LOTR property, and the owners of that property have a right and a legal responsibility to defend its value. That means they have a right to sue and prevent your use of the LOTR property.

Furthermore in my experience, the owner of the LOTR property as well as some current licensees often have very high standards for how the property is used. They will not entertain proposals from those with little or no experience.

Just because someone else is getting away with it at the moment doesn't mean you can too.

Do heed the advice given above.