I'm working on a parody of a very populaar current minitures game.
The physics are different, but has simularities. My question is how far does the "fair use" clause go? Any input would be helpfull. Thanks!
"Fair Use"
Thu, 10/23/2003 - 18:43
Thu, 10/23/2003 - 19:23
#1
"Fair Use"
I found the Stanford University Fair Use site -- http://fairuse.stanford.edu/ -- to be very helpful in explaining just how and when something is fair use and not infringing on copyright.
Fri, 10/24/2003 - 03:15
#2
"Fair Use"
I didn't actually look at the Standford link, so this may be in there too. But I remember from one law class I took in school, that atleast in the US there are Satire protections. I don't remember what the criteria are, but this is some protection for those who use copyrighted stuff for a satire/parody, atleast in print, who knows how that actually goes into the game world.
Basically just another angle to look at this.
Andy
Mon, 10/27/2003 - 18:09
#4
"Fair Use"
waywardclam wrote:
When WOTC rammed their patent through they put every other CCG out of existence EXCEPT this one, because of its parody status, it was allowed to continue.
I'm not a lawyer either, but I'm pretty sure there have been CCGs that have come out since WOTC made the patent.
I'm not sure how well WOTC's patent would hold up scrutiny anyway. They filed it a few years after they created M:tG, and I think they are supposed to get only one year. Thus, I think M:tG is "prior art" of its own patent. Also, they patent (among other things) "Tapping" by toggling a card to its side. This has prior art in other games. (Nuclear War?)
The problem is, with its patent, Hasbro/WotC can muscle the little guys (us), while the big players while bigger companies will likely ignore the patent. I don't feel like fighting WotC today, so I will try to avoid CCGs and the "Tapping" mechanism in my designs until some other fool challenges it. :-)
Mon, 10/27/2003 - 18:21
#5
Re: "Fair Use"
Foolster41 wrote:
I'm working on a parody of a very populaar current minitures game.
The physics are different, but has simularities. My question is how far does the "fair use" clause go? Any input would be helpfull. Thanks!
Once again, I'm not a lawyer, so one of you correct me if I'm just plain wrong.
It's my understanding, that if you copy the words of something (or the artwork) then *that* would be copyright infringement. AFAIK, a work can be in the style of another, and not be copyright infringement. A good example would be all of the *-opoly games out there. "Designers" (I use the term loosely here) write up their version of the rules of the game without infringement. (Furthermore, I don't think the patent for Monopoly held up, because it was based on earlier parlor games.)
So, I think you'll probably be safe if you: 1. Write the rules yourself. Don't copy and paste the game you're parodying. 2. Look out for patents.
However, if you do think about publishing, since you're in that gray area of law, I would advise seeing a lawyer. It's a pain, but it would probably be worth their advice.
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In Canada I know satire and parody protected by law.
The only example I know of in real life is Havik: The Bothering, a parody game of Magic: The Gathering. When WOTC rammed their patent through they put every other CCG out of existence EXCEPT this one, because of its parody status, it was allowed to continue.
Of course this is hearsay, I am not a copyright lawyer, so if it is key to your business concept I would definitely track down the relevant laws.