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Fair Use of Treasure Generation Tables
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<blockquote data-quote="tomBitonti" data-source="post: 4654050" data-attributes="member: 13107"><p>The posted material is a two page sample of the entire work, and (IMO) is clearly presented as a preview of the entire work. I don't see how it helps the argument that the OP's usage is fair use.</p><p></p><p>I don't know the details of the program that the OP is presenting. If it is an index of all of the magic items, then it would be transformative, and (IMO) fair use. But, if it reproduces most or all of the tables, and reproduces the selections in the tables exactly, that seems to me to be a direct substitution, and not a fair use. My presumption is that the arrangement of the items into tables for treasure generation involves some creativity, and the particular selection would be copyrightable, and that any substantial reproduction of the selection would not be fair use. On the other hand, a different set of tables, made up by the OP, is (by my reading of the Harry Potter link, presented earlier in this thread) fair use. (Even more ... such a set of tables would be a whole new product, and the fair use question would not appear.)</p><p></p><p>Now, practically, is it a problem? I don't think so. But as well, I'm in no position to give that advice with any weight.</p><p></p><p>Thx!</p></blockquote><p></p>
[QUOTE="tomBitonti, post: 4654050, member: 13107"] The posted material is a two page sample of the entire work, and (IMO) is clearly presented as a preview of the entire work. I don't see how it helps the argument that the OP's usage is fair use. I don't know the details of the program that the OP is presenting. If it is an index of all of the magic items, then it would be transformative, and (IMO) fair use. But, if it reproduces most or all of the tables, and reproduces the selections in the tables exactly, that seems to me to be a direct substitution, and not a fair use. My presumption is that the arrangement of the items into tables for treasure generation involves some creativity, and the particular selection would be copyrightable, and that any substantial reproduction of the selection would not be fair use. On the other hand, a different set of tables, made up by the OP, is (by my reading of the Harry Potter link, presented earlier in this thread) fair use. (Even more ... such a set of tables would be a whole new product, and the fair use question would not appear.) Now, practically, is it a problem? I don't think so. But as well, I'm in no position to give that advice with any weight. Thx! [/QUOTE]
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