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Copyright over tabletop RPGs: what is it, and what should it be?

Started by jhkim, October 07, 2022, 12:32:06 PM

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FingerRod

#45
October 12, 2022, 07:36:06 AM
Quote from: jhkim on October 10, 2022, 02:27:40 PM
Quote from: FingerRod on October 09, 2022, 04:52:12 PM
I thought trademark would protect the characters and even elements of the original story, such as places, names, etc. Copyright prevents you from reprinting the original. Right?

A sequel to the original story is generally considered a "derivative work" under copyright law, and the rights are claimed by the original copyright holder. Here are some explanations:

https://milleripl.com/blogs/copyrights/can-i-do-a-sequel-to-someone-elses-book-or-movie

https://www.legalzoom.com/articles/what-are-derivative-works-under-copyright-law

https://www.copyright.gov/eco/help-limitation.html

Derivative works also include translations, adapatations to stage or film, and so forth. This was tested recently with the character of Sherlock Holmes, since the original Sherlock stories have passed into the public domain. The courts have ruled that anyone can publish Sherlock Holmes stories:

https://en.wikipedia.org/wiki/Klinger_v._Conan_Doyle_Estate,_Ltd.

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Trademark in principle only includes marketing of a work - i.e. what is on the cover and in advertising for the work. It shouldn't include material that is inside the work. It is intended to prevent deceptive marketing where someone thinks they are buying from someone - but actually are buying from someone else. It shouldn't cover the content of what is being bought.

The Doyle estate is still claiming "Sherlock Holmes" as a trademark, but it seems like this isn't enforceable, since they tried to block the publication of an anthology called "In the Company of Sherlock Holmes" and failed.

Thank you, this was helpful.
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