Hi, Do I need permission to create a freeware pc version of a board game. (The name of the board game is "HeroQuest" a very old board game which is not produced anymore.) Thnx

Yes. If there's artwork, literature, or specific creative elements derived from the board game that you plan to use in your freeware, you will need a license from the copyright holder in the board game. While specific game mechanics are not copyrightable, the specific "manner of expression" such as layout, design, etc. (that are not necessary to game mechanics) are typically protected under copyright. Absent a creative commons license or some notice dedicating the game to the public domain, the fact that the game is no longer published does not destroy the copyright or put the game in the public domain.

You may also want to make sure that the game's mechanics aren't protected under a patent. There's some argument as to whether game mechanics are patentable, but the USPTO is notoriously lax about issuing patents that may be invalid.

If you use the name of the board game, you will need a license to use the game's trademark. Although there is such a thing as trademark abandonment, unless it's deemed as such by the country in which the trademark is registered you may still be subject to liability.

Is a permission of the current owners of the trademarks/patents enough to go through with this?

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Original post by dries123 Is a permission of the current owners of the trademarks/patents enough to go through with this?

Written permission from the current IP holders is enough, assuming they grant the right permissions.

The simplest way to go would be if they write a letter in plain language (not legalese) stating that (1) they hold the IP rights to the game, (2) they have no interest in making electronic forms of the game, and (3) you are free to make and distribute your own similar game however you want.




If they want to license the rights or grant specific rights, you should absolutely talk with an IP lawyer to make sure you get the rights necessary for the game. There are many specific rights you need to pick up. You will need rights to create the game, use their game-related content, layout, design, mechanics, and so on. You should get a waiver of moral rights in case they don't like your variations. You may need to specify platforms and formats. You will need to rights to publish and distribute the software (globally if possible) through any channels. You will need rights to advertise. You may want rights to sequels, prequels, or future related games based on products you create that are derived from their game. You will need to work out succession of ownership, transferability of rights, liability release, possible termination of rights, non-exclusivity, and so on.

A full list of possible rights is quite long, which is why you need a good IP lawyer.

I have a list of game industry/IP lawyers on my website at game industry lawyers