Hi everybody
Does anybody have any info on the copyright ins and outs of creating a game based on a film/tv series in terms of licensing (i.e. does it need it?) and, if so, what is actually licensed? For example title, theme etc
Regards
the prof
Game based on film/tv
Tue, 11/27/2012 - 13:52
Tue, 11/27/2012 - 14:28
#1
careful
They will most likely have trademarks and copyrights and an army of lawyers. Get a license or use something old enough to no longer be protected by copyrights. But trademarks last as long as someone is still using them, and some of the more popular names used in popular books from 100 years ago are still protected, eg Sherlock Holmes(?), so some legal care must be taken to make a game based on those stories even if they are no longer copyrighted (changing some names of characters might or might not be enough; I am not a lawyer).
EDIT: Nope, Google tells me I got Sherlock Holmes wrong. They have not managed to claim trademark on characters in Sherlock Holmes, but somehow the books are still protected by copyright in the US (despite that the author died over 80 years ago, and the limit is 70 years):
http://mirskylegal.com/2010/01/a-sherlock-holmes-copyright-mystery/
But I'm sure (despite not being a lawyer) that other old characters are likely to be protected by trademark, because many trademarks are very old (eg Coca Cola, IBM, ...) and I never heard of there being a rule saying they can expire as long as they are in use.
Tue, 11/27/2012 - 15:24
#2
to answer the "what is
to answer the "what is actually licensed?" part, the license can be as broad or as narrow as they would like it to be.
For instance, "The Walking Dead" has a boardgame based on the comic license (Z-Man games) and one on the TV Show license (Cryptozoic games). It could also be based on a particular character or set of characters; a particular novel, episode or scene; a setting or fictional mythology... almost anything. Another good example of different licenses is Z-Man's "Guards Guards" vs. Mayfair's "Discworld: Ankh-Morpork". both are from Terry Pratchett's Discworld series of novels, one is a book title, the other is a setting.
Furthermore, what you can use the license for and where you can use it is generally specified. Is this for a boardgame? any board game or just one going through hobby channels? does that include rpg or miniature/tabletop games? perhaps it includes all analog games, as well as video games. Maybe it just includes rights for a card-based game and any mobile app developed based on such a card game, but not any other digital representations?
Similarly, location/market can be broad or narrow. Hobby channel; mass market; educational; book stores; etc. English; Spanish; German; etc... or perhaps one company holds the english rights and another holds all "foreign language" rights? Possibly you've got the Spanish language rights for North America, but not for Spain. Maybe you've got worldwide rights?
And of course, duration is almost always specified too. This can be concrete (January 4th, 2013), or based on some event (going 2 years without putting a certain quantity of saleable items on shelves; or upon either party withdrawing their consent; or whatever).
If you're going to pick up a license, know what you plan on using it for, for how long, etc. Keep in mind you will often be negotiating, so potentially starting broader than you need so that you can shrink it after the initial quote could be advisable (though I'm certainly no expert on the matter).
