Greetings,
How close can a game be made to an already existing game? My understanding is that the set of rules and formulations associated with any game are not copywritable only artwork and actual writing is (the rules etc.). For instance, it is my understanding that anyone could rewrite the game Monopoly in thier own words calling the streets and cards different names etc. and create their own pieces and artwork, but otherwise make the game an exact duplicate (just in the creators own words).
I believe this isn't normally done because there would be no economic reason to do so. However, we are interested in bringing back a game that no longer is in print, and that the owners of the copywrite have no interest in licencing etc. (as they are running later editions of this game).
Our objective is purely not-for-profit, and is related to our love for this particular game. It's not our intention to "steal" anything. Only to recreate something that was lost for the small number of people who still have interest in it; and to allow others to play it perhaps for the first time.
So: could I make a game thats designed to replicate the exact rules and similar look but with re-arranged rules in my own writing and with my own artwork that is similar. For example, could I create a game called Monopolizer, with different named streets, diff. looking pieces, diff. art etc. At what point is similar too similar.
Another example might be a painting. Surely one artist can copy another artists painting (say a landscape) but at some point the similarity would become to exact and at some point could be challanged in court.
Thanks! If you have any examples where such a contest in court took place please let me know.
Thanks Julius, I appreciate your response. If your interested the game in is here: http://www.knights-n-knaves.com/osric (just click on the OSRIC .03)
Its purpose is not really to be played but to give cover for those wanting to make new modules or supl. books for 1E AD&D (though it could easily be played). It was created with the OGL HASBRO/WOTC allows, and thus is similar in that respect. And it shares the same basic rules. However its presented in a completely different manner then 1E for the specific purpose of getting around being too "similar".
One would think thier would be plenty of case law concerning this issue, as I imagine it must come up alot (esp. with games).
I guess we'll have to wait and see what happens. I hope your "duck" analogy doesn't hold true, because it seems the right judge could call anything remotely similar "too" similar (even if all the individual parts are different). I guess a company can just threaten to take any threat to their IP to court and almost always win; and since almost every game concept known to man has been thought of in the past...it doesn't look good for the small guy (in the case of OSRIC doubly so as its not-for-profit).