Robin Laws:
>Incorrect. It would be a derivative work, based on
>Greg/Chaosium's and AH's copyrights.
I agree with Alex's later post that the Spider Man example is poor. The notion of a derivative work applies clearly to works of fiction, like comic books and novels, but I assert that it's much less clear for RPGs. An RPG is not, as its essence, a work of fiction -- I don't buy an RPG to read it as a story. I buy an RPG to use as a *tool* that allows me to create my own games (scenarios & campaigns). My own gaming sessions are all derivative works, by your definition, and I suppose Chaosium and AH could sue me right now ...
No, I think Brian Tickler's point (and mine) is that an RPG is sold to allow you to derive material from it -- free of copyright worry. In order to create a scenario, I must use the published maps, descriptions, cults, NPCs, spells, everything -- none of it mine (or very little), all derivative. An RPG is by its nature derivative. Or had I misunderstood the use of RPG sourcebooks when I bought them?
If I'm right that all scenarios used by GMs are derivative, must they cower in fear of legal action? If so, RPGs are dead. If not, let's wander down a path:
Is my scenario published? If you say no, imagine it makes its way into the hands of every fan of the RPG, purely by being copied and passed around -- maybe at a Con. How is this different from their having bought the scenario from me (aside from money's changing hands)?
Ok, more food for thought. Let's say after step 2 above, I post my scenario to a Web page. Is it published now? I'd say yes. Now, everyone in the universe can get it, immediately and for free. I bet you say I've broken copyright at this point, but how is the means of distribution (paper copies handed around vs. the Web) the determinant for copyright infringement? Remember that I own the copyright to the words written, and if I do not prohibit copying, then that part of the copyright is fine. Perhaps the RPG company can prohibit copies of the derivative work? If so, then they should also prohibit the first copy I make when I write it. RIP RPG.
I'm not a lawyer, so my thinking is based only on common sense, so explain to me why I'm wrong (for surely you'll claim I am) _and_ explain why RPGs are different to other media (or maybe they're the same?).
You'll note I didn't even bring up (until now) the question of _selling_ the scenario for profit. I want to understand the first case before expanding my understanding to the profit case...
Michael
- ---------------------------------------------------------------------- Michael C. Morrison Santa Teresa Laboratory Phone (408)463-4706 IMS User Technology IBM Software Solutions Fax (408)463-3696 Lotus Notes ID: MCMORRIS at IBMUSM50 IBMLink: MORRISON_at_TORIBM IBM Mail Exchange: USIB47H4 at IBMMAIL or USIB4MCM at IBMMAIL X.400 Address: G=mcmgm; S=morrison; P=ibmmail; A=ibmx400; C=us - ---------------------------------------------------------------------- ------------------------------
Powered by hypermail