Hi guys, I am glad I found this website! Very informative.
I have a question regarding copyright. I am working on some Lord of the Rings games like crossword puzzle/card games and a boardgame for LOTR. I am wondering if I made the game (very small print run) and gave away copies (not selling), could I be held liable and sued??
There's a question to be asked.
What is the cost of your mischief. The judge will evaluate how much money the Tolkien enterprise loose by your action.
My guess is that won't be much. Unless the judge impose exemplary damages, it shouldn't be that much.
When you launch a civil lawsuit, you must ask yourself how much damage I receive and is it worthwhile. Your mischief won't justify hiring a lawyer.
In the USA it's easier to lauch a civil lawsuit than Canada even if the cause isn't worth it.
I have to agree with the others, whenever you deal with outside companies rights, it gets very murky.
But on the bright side, if you can afford it, having Tolkien Enterprises sue you could bring a lot of free publicity and maybe help to get your products picked up by a bigger publisher.
There's a question to be asked.
What is the cost of your mischief. The judge will evaluate how much money the Tolkien enterprise loose by your action.
My guess is that won't be much. Unless the judge impose exemplary damages, it shouldn't be that much.
Under U.S. copyright law the holder of a registered copyright can sue for statutory damages. Those can be quite high. They can also tag you for trademark infringement.
Don't distribute a Tolkien game without permission.
You should be able to convert your game into a game with a Tolkien-like feel using generic fantasy elements. You likely won't get sued that way.
Your mischief won't justify hiring a lawyer.
Tolkien won't hire a lawyer. They have lawyers on staff. You may just get a cease & desist notice if they notice you. But unlike copyrights, they have to more aggressively pursue people who damage or misuse their trademarks or the trademarks fall into the public domain.
On clipart.com, RPGNOW.com, and at fontcraft.com you can find tons of fantasy art for cheap. Use that stuff and change the names.
Or else, contact Tolkien enterprises and get a low cost license or some form of free permission. You might be surprised. Maybe they have simple licenses for such purposes precisely so that they can take care of fans instead of having their trademarks abused outside of their control.
Under U.S. copyright law the holder of a registered copyright can sue for statutory damages. Those can be quite high. They can also tag you for trademark infringement.
Good thing I live in Canada.
Good thing I live in Canada.
I'm not certain if Canada has statutory damages for copyright infringement, but I wouldn't be surprised if they did.
Moreover, both nations have reciprocity agreements, so if you send one of your copies over the border you can probably be sued in the U.S. under U.S. law.
Damages are still up to the judge even under the statutory rules, however, statutory damages can be awarded even if you can't prove a specific dollar loss of damage. So, when somebody distributes a PDF RPG using LOTR characters, and does so for free, proving specific damages can be tough. However, if the guy has his copyright registered he can wallop you for lots of dough if you are found to be infringing.
Like I said -- just ask for permission or tweak things so as to be generic.
Guys, thanks for the responses. Its incredible that just giving away a game for free, companies can sue me, etc.
This just struck me last night, but one of our members, Keith Myers, actually designed a Tolkien licensed game called The Hobbit. Perhaps you could contact him and he could give you some more specific advice.
-Darke
Will it be the same for a demo.
I'm making the demo for myself. I'm the owner of the game. I could send it for review to an editior, but I never give the game to him.
Just another idea.
Guys, thanks for the responses. Its incredible that just giving away a game for free, companies can sue me, etc.
Why is it incredible? If they couldn't, then you could photocopy their games and hand them out and cheat them out of profits.
Similar principles would come into play.
Quote:If they couldn't, then you could photocopy their games and hand them out and cheat them out of profits.
Isn't that why we have 4 billion kinds of Monolopy? :)
There are several differences. First, people don't copy the exact art on the board via competing versions of Monopoly like they do with photocopying. Second, the core concept and name "Monopoly" is in the public domain if I'm not mistaken (see the Anti-Monopoly legal case). Third, even if there had been a monopoly patent it would have expired decades ago.
Producing games with mechanics similar to an unpatented game is perfectly legal. Photocopying somebody's game for distribution lock, stock, & barrel is very illegal in most instances.
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Welcome!
Your question deals with the use of intellectual property. I'm not sure where you live, but I'm pretty sure that all Lord of the Rings properties have had their copyright renewed in most countries, which places significant protection upon them.
Even still, there is a certain degree of "fair-use" which may be applied to intellectual property. If you were writing a review of one of the LotR movies, you would be free to use the title and names of characters within the stories without any fear of reprisal. Your use (note: I am not a lawyer and this does not constitute legal advice) does not fall within the realm of fair use.
You are free to do whatever you like for your own purposes regarding the material, but when you distribute to others (even if it's free) you get into murky territory.
Does that mean that you're stuck? I doubt that Tolkien Enterprises would take notice of an individual making a small run of a game using their intellectual property. That doesn't mean that they won't and that doesn't mean that they wouldn't have a cause for action if they did, but there's a good chance that there are other much bigger fish that they're more concerned with.