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Loremaster Article: To GSL or not to GSL?
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<blockquote data-quote="S'mon" data-source="post: 5495584" data-attributes="member: 463"><p>A substantial description of a bulette adapted from/derived from a Monster Manual description of a bulette could potentially be a breach of copyright. I can't recall any cases of such minimal copying being found to be infringement of a literary work, but you do get such cases with musical works (recording industry IP lawyers are the most evil IP lawyers of all), and it certainly seems possible. If I wanted to do that I would use the OGL.</p><p></p><p>But "Two bulettes live here, see MM page 23. They attack on sight" could not possibly be a breach of copyright AFAICS. If it was, I'd be breaching copyright just by writing it. </p><p></p><p>Edit: The basic idea of a bulette as a big 'land shark' is not protectable IMO. This is why Treants (wise tree men) don't infringe Ents, Halflings (bucolic little people with hairy feet) don't infringe Hobbits, TSR Orcs don't infringe Tolkien Orcs, etc. The particular expression of the land shark idea in a Monster Manual description of the bulette is potentially protectable.</p><p></p><p>Edit 2: The idea of Dark Elves who live underground is not copyright protectable, nor is the word Drow, but if you take a lot from TSR & WoTC's particular expression of the idea you could potentially infringe copyright. A Drow-centric adventure based on substantial material developed by TSR/WoTC could potentially infringe WoTC copyright IMO, whereas "Two drow spiderblades are here, see MM page 35" would not.</p><p></p><p>Edit 3: Note BTW that when you consider the 'heart/soul of the work', the "work" here is an actual literary description of the bulette in an actual Monster Manual, not the free-floating Platonic 'idea of the bulette' divorced from its actual expression. I see a lot of confusion among publishers that way, they tend to think in terms of Platonic essences rather than in particular expressions. The 'Platonic essence' approach actually does (potentially) work for Patents and some other IP rights, but not for copyright.</p></blockquote><p></p>
[QUOTE="S'mon, post: 5495584, member: 463"] A substantial description of a bulette adapted from/derived from a Monster Manual description of a bulette could potentially be a breach of copyright. I can't recall any cases of such minimal copying being found to be infringement of a literary work, but you do get such cases with musical works (recording industry IP lawyers are the most evil IP lawyers of all), and it certainly seems possible. If I wanted to do that I would use the OGL. But "Two bulettes live here, see MM page 23. They attack on sight" could not possibly be a breach of copyright AFAICS. If it was, I'd be breaching copyright just by writing it. Edit: The basic idea of a bulette as a big 'land shark' is not protectable IMO. This is why Treants (wise tree men) don't infringe Ents, Halflings (bucolic little people with hairy feet) don't infringe Hobbits, TSR Orcs don't infringe Tolkien Orcs, etc. The particular expression of the land shark idea in a Monster Manual description of the bulette is potentially protectable. Edit 2: The idea of Dark Elves who live underground is not copyright protectable, nor is the word Drow, but if you take a lot from TSR & WoTC's particular expression of the idea you could potentially infringe copyright. A Drow-centric adventure based on substantial material developed by TSR/WoTC could potentially infringe WoTC copyright IMO, whereas "Two drow spiderblades are here, see MM page 35" would not. Edit 3: Note BTW that when you consider the 'heart/soul of the work', the "work" here is an actual literary description of the bulette in an actual Monster Manual, not the free-floating Platonic 'idea of the bulette' divorced from its actual expression. I see a lot of confusion among publishers that way, they tend to think in terms of Platonic essences rather than in particular expressions. The 'Platonic essence' approach actually does (potentially) work for Patents and some other IP rights, but not for copyright. [/QUOTE]
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