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*Pathfinder & Starfinder
Gygax Magazine? [UPDATE 3 - Electric Boogaloo]
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<blockquote data-quote="pedr" data-source="post: 6054014" data-attributes="member: 33464"><p>The one legal right S'mon doesn't mention is 'right of personality'. I hadn't heard of it until the Law of the Geek podcast had an episode on it. Its protection is based in state law in the US, so it is hard to predict how it would apply here, but while I like the idea of the magazine, it is, arguably, making use of Gary's reputation which may be something that the law allows the estate to control. It would be a question of fact whether Gygax Magazine is passing itself off as endorsed or produced by the Gygax estate. If it is, there may be state laws which make the name problematic even without a trademark claim, and even though Gygax is also the name of two proprietors. I agree with S'mon about the strength of Luke and Ernie's moral claims to the name, but that doesn't necessarily give them legal rights to publish a gaming magazine using it.</p><p></p><p> I hope that the magazine team is obtaining legal advice. I hope they can go ahead with the precise plans, but if there are legal problems, now is the time to discover them and decide how to respond.</p></blockquote><p></p>
[QUOTE="pedr, post: 6054014, member: 33464"] The one legal right S'mon doesn't mention is 'right of personality'. I hadn't heard of it until the Law of the Geek podcast had an episode on it. Its protection is based in state law in the US, so it is hard to predict how it would apply here, but while I like the idea of the magazine, it is, arguably, making use of Gary's reputation which may be something that the law allows the estate to control. It would be a question of fact whether Gygax Magazine is passing itself off as endorsed or produced by the Gygax estate. If it is, there may be state laws which make the name problematic even without a trademark claim, and even though Gygax is also the name of two proprietors. I agree with S'mon about the strength of Luke and Ernie's moral claims to the name, but that doesn't necessarily give them legal rights to publish a gaming magazine using it. I hope that the magazine team is obtaining legal advice. I hope they can go ahead with the precise plans, but if there are legal problems, now is the time to discover them and decide how to respond. [/QUOTE]
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