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Hello there everyone.
As an artist who's living by himself I had a couple of questions about the copyrights belong to the game, even if this may not be the right place to ask.
I have started writing a series of comics weeks ago that revolves around one of my characters in the Champions universe, and the story line is also set in this very universe.
However, even if the comics are 'purely' non-profit, I was wondering if I was ever to publish these comics in the future [for a certain price], since I used elements such as 'Millennium City', 'VIPER' or 'Captain Patriot', would I be in legal trouble with Hero Games and Cryptic?
If that is the case, then am I going to have to change the names/looks of these parts of the comics?
I'd be really glad if you could answer me.
As an artist who's living by himself I had a couple of questions about the copyrights belong to the game, even if this may not be the right place to ask.
I have started writing a series of comics weeks ago that revolves around one of my characters in the Champions universe, and the story line is also set in this very universe.
However, even if the comics are 'purely' non-profit, I was wondering if I was ever to publish these comics in the future [for a certain price], since I used elements such as 'Millennium City', 'VIPER' or 'Captain Patriot', would I be in legal trouble with Hero Games and Cryptic?
If that is the case, then am I going to have to change the names/looks of these parts of the comics?
I'd be really glad if you could answer me.
# 2
03-25-2012, 10:24 AM
yes, using the settings of the city, the villains, and all that would be a violation. If you made your own unique local and enemies, I don't see why not.
# 3
03-25-2012, 11:29 AM
Hmm, from what I know no one has the copyrights to certain names but hey have the 'trademarks', true? So I wouldn't be able to use these story elements without a written consent or royalty payment?
# 4
03-25-2012, 11:51 AM
This question gets asked from time to time, and the simplest answer is: Send an email to Cryptic and ask them.
# 5
03-25-2012, 03:03 PM
Quote:
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Originally Posted by cartun
Hmm, from what I know no one has the copyrights to certain names but hey have the 'trademarks', true? So I wouldn't be able to use these story elements without a written consent or royalty payment?
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The whole point is that you can't use another's creative ideas to make money without permission (parody etc not included). Non-profit doesn't make much of a difference, especially if you look at Disney suing a daycare for using their characters.
http://news.google.com/newspapers?ni...g=7043,5354853
This is all an oversimplification but the point is, no you can't use any of the characters, organizations or settings without permission, if you do you will get in legal trouble with Cryptic etc, and you will have to change everything, including the look.
But like stjobe said, send Cryptic an email if you want an official answer.
edit to add:
For clarification, no you can't copyright a name, which is why anyone can make a Snow White movie, but you can copyright a character, specifically a Snow White with Seven Dwarves and Evil Queen etc., however that particular copyright is now in the public domain so anybody can use the character and story. However Nobody But Disney can use This Snow White:
http://disney.go.com/disneyinsider/h...e-seven-dwarfs
# 6
03-31-2012, 03:53 AM
Quote:
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Originally Posted by cartun
Hmm, from what I know no one has the copyrights to certain names but hey have the 'trademarks', true? So I wouldn't be able to use these story elements without a written consent or royalty payment?
|
Then and if I understand it well, something like Millenium City is copyrighted, i.e. : the materials in the book can't be used out of authors' permission.
While trademark tells you that you can't create something that is marked as a Hero Games product if they don't give you a right to create it under the trademark.
So : you can't sell something that would be marked as a Hero Games product (trademark violation) without permission, and you can't sell something that use materials created by other authors (copyright violation) without permission.
But you can create anything inspired from that as long as your work is clearly an original work, inspired but different from your inspirations.
Even this example does follow this difference between artwork and copyright violation.
# 7
03-31-2012, 09:24 AM
Thank you for your replies. We've been brainstorming with a lawyer here, she asked me to contact the firm as the first step. If I don't get an answer back I would start working on the original universe - which I have.
Things worked out well so far though, so the comics will be published with original content to avoid copyrighted material.
Thanks for the effort to look these up for me.
Best wishes,
Charles Logan
Things worked out well so far though, so the comics will be published with original content to avoid copyrighted material.
Thanks for the effort to look these up for me.
Best wishes,
Charles Logan
# 8
04-01-2012, 02:57 PM
Hello cartun,
This was taken directly from Perfect World's Terms of Service located here: http://www.perfectworld.com/about/terms.
4. Propreitary Rights
PWE is the owner of the Website, the Games, the Software and the Service, which are protected by US and international law including copyright laws. All rights and title in and to the Website, the Game, the Software and the Service, all features and content thereof (including without limitation any user accounts, titles, computer code, files, game software, client and server software, tools, patches, updates, themes, objects, characters, character names, stories, storylines, objects, content, text, dialogue, catch phrases, themes, locations, concepts, artwork, designs, graphics, pictures, video, animation, sounds, music, musical, compositions, sound recordings, audio-visual effects, information, data, documentation, , "applets", chat transcripts, character profile information, game play, and recordings ) and the selection and arrangement thereof (collectively the "Proprietary Materials") are the proprietary property of PWE or its licensors and are protected by U.S. and international copyright and other proprietary rights laws. In the event that you make any modifications, adaptations or derivative works of any kind to the Proprietary Materials (the "Modifications"), whether authorized or unauthorized, you understand and agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong solely to PWE. You hereby assign and transfer to PWE, without any compensation, any and all rights you may have in and to such Modifications.
I have taken the liberty to bold and red the relevant information regarding your inquiry. I hope this helps to define your answer. I only wish you could legally do this without repercussion. I did have the thought, however, that you might want to contact PWI and possibly gain their permission? There's nothing wrong with asking and in the end, you could always rename the locations and names to you know, protect the innocent ;)
Regards,
This was taken directly from Perfect World's Terms of Service located here: http://www.perfectworld.com/about/terms.
4. Propreitary Rights
PWE is the owner of the Website, the Games, the Software and the Service, which are protected by US and international law including copyright laws. All rights and title in and to the Website, the Game, the Software and the Service, all features and content thereof (including without limitation any user accounts, titles, computer code, files, game software, client and server software, tools, patches, updates, themes, objects, characters, character names, stories, storylines, objects, content, text, dialogue, catch phrases, themes, locations, concepts, artwork, designs, graphics, pictures, video, animation, sounds, music, musical, compositions, sound recordings, audio-visual effects, information, data, documentation, , "applets", chat transcripts, character profile information, game play, and recordings ) and the selection and arrangement thereof (collectively the "Proprietary Materials") are the proprietary property of PWE or its licensors and are protected by U.S. and international copyright and other proprietary rights laws. In the event that you make any modifications, adaptations or derivative works of any kind to the Proprietary Materials (the "Modifications"), whether authorized or unauthorized, you understand and agree that you shall retain no rights of any kind in and to such Modifications and that all rights therein shall belong solely to PWE. You hereby assign and transfer to PWE, without any compensation, any and all rights you may have in and to such Modifications.
I have taken the liberty to bold and red the relevant information regarding your inquiry. I hope this helps to define your answer. I only wish you could legally do this without repercussion. I did have the thought, however, that you might want to contact PWI and possibly gain their permission? There's nothing wrong with asking and in the end, you could always rename the locations and names to you know, protect the innocent ;)
Regards,
# 9
04-10-2012, 06:55 AM
does this mean i wouldn't be able to make a character named negledo outside of champions? for a comic? or cartoon? :C *sad-face*
# 10
04-10-2012, 06:57 AM
Quote:
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Originally Posted by Nisshoku-san
does this mean i wouldn't be able to make a character named negledo outside of champions? for a comic? or cartoon? :C *sad-face*
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