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Can anyone write Cthulhu Mythos material?
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<blockquote data-quote="evilref" data-source="post: 4413056" data-attributes="member: 73517"><p>Yes...and no.</p><p></p><p>Some Mythos material is in the public domain (almost everything by Lovecraft is in, albeit this has never seen a legal challenge to confirm this and there is some controversy over it relating to Derleth).</p><p></p><p>Some is assuredly in the public domain in some countries and less clear in others (different countries apply rights after death differently).</p><p></p><p>Some rights are held by Arkham House and Chaosium (the latter has a trademark on the phrase 'The Call of Cthulhu).</p><p></p><p>Some is copyright by individual authors or their trusts and/or publishers (Lovecraft wasn't the only person to write in the Mythos as he positively encouraged other writers to contribute to the general mythology of his works).</p><p></p><p></p><p>Cthulhu-related doesn't automatically mean they're in breach or not as even if they were inspired by a particular Mythos element that isn't in the public domain, they could still not be in breach depending on what was actually put in the book.</p><p></p><p>Note, if you're asking out of anything more than curiosity then I'd strongly suggest contacting an IP lawyer (ideally one who specialises in literary rights). While the bulk of the mythos material's rights are relatively simple (certainly compared to something such as conan, which is both in, and not in, the public domain and has yet to be resolved in a court) there are some curve balls there which could trip someone up.</p></blockquote><p></p>
[QUOTE="evilref, post: 4413056, member: 73517"] Yes...and no. Some Mythos material is in the public domain (almost everything by Lovecraft is in, albeit this has never seen a legal challenge to confirm this and there is some controversy over it relating to Derleth). Some is assuredly in the public domain in some countries and less clear in others (different countries apply rights after death differently). Some rights are held by Arkham House and Chaosium (the latter has a trademark on the phrase 'The Call of Cthulhu). Some is copyright by individual authors or their trusts and/or publishers (Lovecraft wasn't the only person to write in the Mythos as he positively encouraged other writers to contribute to the general mythology of his works). Cthulhu-related doesn't automatically mean they're in breach or not as even if they were inspired by a particular Mythos element that isn't in the public domain, they could still not be in breach depending on what was actually put in the book. Note, if you're asking out of anything more than curiosity then I'd strongly suggest contacting an IP lawyer (ideally one who specialises in literary rights). While the bulk of the mythos material's rights are relatively simple (certainly compared to something such as conan, which is both in, and not in, the public domain and has yet to be resolved in a court) there are some curve balls there which could trip someone up. [/QUOTE]
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