Quote: Original post by Mr T 87
It seems that the name 'fantasy monopoly' would prolly cause some problems but would 'space risk'?

Well, seeing as how Hasbro owns Risk, yes, I would say so.

Quote: Original post by Mr T 87
It seems that the name 'fantasy monopoly' would prolly cause some problems but would 'space risk'?

You'd probably be ok if your "space risk" game was completely different than "risk", but if it's the same thing with a different name/setting or if it's too similar you'd be in for a world of trouble.

Quote: Original post by jbadams

Quote: Original post by Mr T 87
It seems that the name 'fantasy monopoly' would prolly cause some problems but would 'space risk'?

You'd probably be ok if your "space risk" game was completely different than "risk", but if it's the same thing with a different name/setting or if it's too similar you'd be in for a world of trouble.

Even better would be to avoid it completely.

Look at names and brands like "Yahtzee", "Nerf", "Zonk", and "Farkle". They're unique and very distinctive.

I mean, wouldn't you want to play some of these games? "Pazaak", "Double Cranko", "Goblin's Teeth", "Interstellar Pig", "Polish Checkers", "Tower of Cows", or "Zaggle!" ? (I got this from a wikipedia list.)


Be creative, come up with something of your own. If you are creative enough to make a game, making up a list of novel simple names should be fairly easy.

You'll be much better in the end.

I'm not a lawyer, and anything in this response is purely for general educational purposes (I have to say this, as I just took the bar but am not yet licensed). I am in no way representing myself as an attorney in this or any other post on these forums. I do, however, work for an entertainment lawyer and I have an LL.M. in entertainment and media law, and I spend way too much time following crap like this. So first:

Get primed for IP law.

Quote: Original post by rhuala


http://www.uspto.gov/
http://www.copyright.gov/

Excellent resources for forms. USPTO also has a great quick-and-dirty review of IP law. glhf. Also, I'm guessing you're in the US. Refer to WIPO if you're not.

Quote: These questions are for a designed Shareware game in hopes of selling for personal profit.

If you have a design document or anything else that is fixed in a tangible medium, I'd suggest copyrighting it ASAP. You can always file a copyright revision to update it as is required.

Quote:
1. If you make a game based on an existing game, at what point could you reference the original game. It seems okay to make "Battle Chess" or "Killer Tetris. Where as "Battle Star Trek" or "The New Star Wars" would surely get you in trouble. Of course you could name the game "Frisdfkjla" but recognizing it with an existing game gives users a quick and convenient reference. Is "Fantasy Monopoly" okay? How about "Space Risk"?

USPTO.gov has a search feature. If you plan on referring to any named product, run a TM search and see if it's registered. If it is, you know the people value their TMs too much to let someone use their name freely. However, people don't need to register a TM for a valid TM to exist, so this isn't entirely reliable. Google will probably serve you better than a USPTO.gov search.

The problem is, if you're clearly using any part of someone's TM'd product, they can get an injunction which will force you to recall every single item you've sold containing that name. That's expensive for you. Games like soccer, football, and chess aren't trademarked because they're a type of activity. However, using the names of original games will ALWAYS be problematic. Assume that every computer/video game name on the market (even Pong!) is subject to trademark, and keep away from using them.

Quote: 2. From what I understand anyone is allowed to compose music from a dead author or one where his/her works aren't owned. For example anyone can make their version of Beethoven's Fifth Symphony, then use it in a game or movie, he's long dead - no issue. But what about a dead gaming company, can we use their sound files. Seems like every fps out there has the same door opening sounds. THe makers of Titan Quest went out of business could I use their battle sounds in my game. I don't have access to a sound studio so creating good sounds is quite hard, how do you guys find souds for your games, even simple ones like a sword swing or door opening. Are you hooking a mic up to a creaky door?

This issue isn't whether they're dead. A copyright is triggered at the time of creation. Duration issues are TRICKY and do require a lawyer for older products, preferably one with a lot of knowledge of copyright duration issues. I can refer you to some good attorneys, but you really shouldn't rely on a "dead company" because their work is still subject to copyright.

As for free sounds:

http://freesound.iua.upf.edu/

hopefully that'll help.

Quote: 3. If a company shares their source code, i.e. Freespace 2, can we use other portions of the game. Could I use their buttons or small unimportant stuff? I can design my own buttons and have but if you want to be efficient this time would be better spent on code or original game art. Do you guys create every stitch of graphical textures and images? When can you use or where do you find simple smaller stuff that you can use in your game?

The literary work (source code) is sometimes considered distinct from the visual elements of the game. You're better off designing your own if possible.

The issue here isn't really whether or not you're infringing-- it's actually very difficult to show infringement, since it has to be a substantial use of the product and the use has to go to the "heart" of the product's marketability. But litigation is expensive, and if you borrow anything from a big company, they're going to use litigation as a threat to keep you from using any portion of their product without a license/paying them. This isn't to keep you from infringing, it's to keep from having to hire a lawyer later on down the road to protect yourself.

Best of luck to you.

[Edited by - madelelaw on March 23, 2008 2:43:43 AM]