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General Tabletop Discussion
D&D Older Editions
Interesting Article on OGL and 4E
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<blockquote data-quote="pemerton" data-source="post: 4038354" data-attributes="member: 42582"><p>I think that the notion of "derivative work" might be more expansive than you're allowing for. But maybe not.</p><p></p><p></p><p>The US statute defines "derivate works" as including "a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted" and also "A work consisting of editorial revisions, annotations, elaborations, or other modifica-tions, which, as a whole, represent an original work of authorship." (section 101)</p><p></p><p>It then states that "The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the pre-existing material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material." (section 103)</p><p></p><p>If we have an adaptation of pre-existing work (which is what a 4e with serial numbers filed off would be, presumably) then copyright does not extend to the pre-existing material, and does not disturb the copyright in that pre-existing material. I don't know exactly what constitutes the pre-existing material here - how much can one "adapt" a text (say, a feat description), still have the same rules content, and yet not be violating copyright in the "pre-existing material"? Absent an informed legal opinion, I don't think that the answer is obvious.</p><p></p><p>As to passing off, I'm neither an IP nor a tort lawyer, but my basic understanding is that it's the civil wrong of engaging in trade while parastically drawing on the goodwill and identity of another. Again, even if there is no copyright infringement and no direct use of any of WoTC's trademarks, I would still want solid legal advice in respect of the tort of passing off before I tried to market a version of 4e with the serial numbers filed off.</p><p></p><p>A free website might be in a different situation - I'm not sure whether, if one is not engaged in trade, one can still commit the tort of passing off. But such a website would still have the copyright issues to worry about.</p><p></p><p>Perhaps, subject to my worries about passing off. But distributing 4e with the serial numbers filed off wouldn't just be putting out a compatible system. You'd be (in effect) reproducing WoTC's work.</p><p></p><p>The OGL probably won't help if you're violating WoTC's copyright in 4e, because it doesn't licence the use of that copyrighted material.</p></blockquote><p></p>
[QUOTE="pemerton, post: 4038354, member: 42582"] I think that the notion of "derivative work" might be more expansive than you're allowing for. But maybe not. The US statute defines "derivate works" as including "a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted" and also "A work consisting of editorial revisions, annotations, elaborations, or other modifica-tions, which, as a whole, represent an original work of authorship." (section 101) It then states that "The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the pre-existing material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material." (section 103) If we have an adaptation of pre-existing work (which is what a 4e with serial numbers filed off would be, presumably) then copyright does not extend to the pre-existing material, and does not disturb the copyright in that pre-existing material. I don't know exactly what constitutes the pre-existing material here - how much can one "adapt" a text (say, a feat description), still have the same rules content, and yet not be violating copyright in the "pre-existing material"? Absent an informed legal opinion, I don't think that the answer is obvious. As to passing off, I'm neither an IP nor a tort lawyer, but my basic understanding is that it's the civil wrong of engaging in trade while parastically drawing on the goodwill and identity of another. Again, even if there is no copyright infringement and no direct use of any of WoTC's trademarks, I would still want solid legal advice in respect of the tort of passing off before I tried to market a version of 4e with the serial numbers filed off. A free website might be in a different situation - I'm not sure whether, if one is not engaged in trade, one can still commit the tort of passing off. But such a website would still have the copyright issues to worry about. Perhaps, subject to my worries about passing off. But distributing 4e with the serial numbers filed off wouldn't just be putting out a compatible system. You'd be (in effect) reproducing WoTC's work. The OGL probably won't help if you're violating WoTC's copyright in 4e, because it doesn't licence the use of that copyrighted material. [/QUOTE]
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