Well given FPW post about the public domain issue -- I am glad I made the post..

ShadowLord

( I still think its just a fan of your books who happens to like that RPG game and created a character -- however when he went and published it on the net...that's what created the problem)

Either you get permission or you don't. If you have permission to use or reference "intellectual property" you can publish it and make money for yourself.

If you don't have permission, you can't make money. Fan fiction is an example of this case. Write a story and publish it to the net. If you don't make money, there isn't much room for a legal challenge. However, if you get into the realm of parody or satire, publish it and make as much money as you want. George Lucas lost a case for a Star Wars "porno" cartoon that was classified as parody by the courts.

If it were me and I created a character based on someone's work and I was asked to remove it, I would politely take it down. I wouldn't want to incur the wrath of the "creator."

Isn't this what agents and/or lawyers are for? Or do you normally just do this stuff yourself?

I still have to involve them. Phone calls, follow up -- and bills from the lawyer.

I still have to involve them. Phone calls, follow up -- and bills from the lawyer.

Wouldn't it be easier, to avoid the costs and hastles, to e-mail the individual and explain your concern and see what happens?

Wouldn't it be easier, to avoid the costs and hastles, to e-mail the individual and explain your concern and see what happens?

I'm wondering this too. I'm sure the guy would take down the page if you told him you'd have to involve lawyers otherwise. It's not like he's capitalizing off it or anything.

Lisa

I'm wondering this too. I'm sure the guy would take down the page if you told him you'd have to involve lawyers otherwise. It's not like he's capitalizing off it or anything.

Lisa

Although, a few cosmetic changes to the character sheet and he could keep it up. Change Jack to Jane, "The Tomb" to "The Tome" and of course gender: male to female. Throw on a "wink and a nod to FPW" and the page remains.

I'm wondering this too. I'm sure the guy would take down the page if you told him you'd have to involve lawyers otherwise. It's not like he's capitalizing off it or anything.

Lisa

Steve D
I think fpw should take the legal road, if only to send a message to others about what awaits them if they do the same thing. Can't be too soft with these copyright infringers.

Wouldn't it be easier, to avoid the costs and hastles, to e-mail the individual and explain your concern and see what happens?

I plan to do just that. But, to quote that great philosopher, Ringo Starr: "It don't come easy."

I plan to do just that. But, to quote that great philosopher, Ringo Starr: "It don't come easy."

Want me and a coupla' da boys ta' pay dis guy a visit?

Maybe tak'im fer a ride?

Here's a decent FAQ on fan fiction and copyright/trademark law.

http://chillingeffects.org/fanfic/faq.cgi#QID309

I'm still looking for the examples of RPG characters and how the derivative work portion of the law applies to them.