Monster names as PI

[Grinning Loony]

I know, but it's a pain to ask. It's much easier to be able just use it. By the way, Clark, both you and the Tome of Horrors rock.

 

[Voadam]

oops, posted in the wrong thread.

 

[Grinning Loony]

Hey, has anyone tried to get permission from Wizards to use monsters from their supplements (e.g. Monsters of Faerun, Fiend Folio, Monster Manual II, etc.), or even monsters that did not make it into the SRD (e.g. yuan-ti, beholders)? What about more revisions of old monsters, Tome of Horrors style? Who would you contact for something like this?

-Luke Johnson

 

[rpgHQ]

not trying to start a flame war or anything but under US copyright laws theres nothing to stop oyu from using a monster name in your own publications.

However if you are publishing something under the terms of the d20stl you are binding yourself to a license agreement and certain things you could have done are no longer possible.

Not sure how publishing under the OGL by itself WITHOUT use of the d20stl works as the 'rights' granted under the OGL are already covered by copyright law.

Anyhow go to http://www.copyright.gov and check it out and more importantly the factsheets.

I guess it also depends on how your using the monster names in your publication.

But unless the companies have trademarked the monster names you can use them in your own works.

Now before this gets into a flamewar or just nasty postings please visit http://www.copyright.gov and persue the information there.

For example you could not copyright the names/words elf or demon or devil. And using the example in a prior posting the name/word 'blade demon' could not be copyrighted either.

However the description, explanation, or illustration of the blade demon CAN be copyrighted. It is the words 'blade demon' and the idea and concept implied by it that can NOT be copyrighted.

And of course a name/word can be trademarked undr specific conditions and for specific uses.

Anyhow as suggested you should get permission from the original creator of the monster, especially if your publishing under the OGL and/or d20stl. Makes it all nice and clean that way, and is good business practice if your going to start publishing rpg material and want to stay on friendly terms with other publishers.

 

[jmucchiello]

Originally posted by rpgHQ Not sure how publishing under the OGL by itself WITHOUT use of the d20stl works as the 'rights' granted under the OGL are already covered by copyright law. [/B]

You've gone a little astray here. Copyright does not allow you to create a derivative work and publish it. So while you could possibly create a d20 compatible work that does not use any derivative material it would be really hard. No ability scores, no saving throws, no attack bonuses, no DCs, etc. The OGL grants you the right to create derivative works and to distrubute them.

 

[rpgHQ]

Jim:

The guy was talking about monster names not the description, explanation, or illustration. And in that context I was saying the current US copyright laws cover him.

The monsters name could be covered by trademark laws which is covered by the OGL's definition of "PI". But not under copyright law.

Also the ability scores, dc's, saving throws, and so on are game mechanics. Game mechanics arevery clearly covered under the US copyright laws as NON copyrightable. One might say the ability scores, stats and so are descriptive expression but they are also the idea, system, and method of a game system, and as far as I know the copyright laws in the US pertaining to such game mechanics have not been challenged or revised.

However the descriptive text used to describe the monster is very much copyright material. So if you happen to take an enitre monster writeup out of someone elses work and pasted it into your work that would be another story, that would be copyright infringement.

But thats all besides the point, like I said before, if the person is using the d20stl and/or OGL then they are bound by the limitations and requirements as set forth in those documents.

And since I dont want to get into a flamewar/debate I'll keep my mouth shut about how the OGL 'Definitions' section is worded. But I would say if the OGL was ever challenged in court they would be using the reformation clause they tacked on the end of it very fast.

Anyhow, I'll refer folks to http://www.copyright.gov and more specifically to their factsheets. Its good reading.

 

[jmucchiello]

The monsters name could be covered by trademark laws which is covered by the OGL's definition of "PI". But not under copyright law.

We were only talking about PI monster names. Bringing up copyright law is counter-productive. It does not apply. Any work that tries to deny the user the monster name usually PIs the name. Trademark or not, it is PI according to the OGL and is therefore off limits.

This forum is not the place for this discussion though. The industry mailing list ogl-l@opengamingfoundation.org is where you find the best place to discuss it.

 

[davewoodrum]

I'm one of the freelance authors of the GF Monsters one (I wrote all the vampires and mummies), I was hoping the names were going to be OGC so that people could use them straight out of the book but in the end it was not my call and that was not how it was done, each was made PI to the authors.

In the back of the book there is a contact list for the authors. If mine were the ones you wanted to use, please e-mail me and I would be happy to give permission to use the (deliberately generic) names I gave the monsters and templates I wrote.

I think that is very thoughtful and helpful on your part Voadam!

 

[davewoodrum]

Definately, just ask. I cant remember me or SSS ever saying no to a request to use a monster name from Creature Collection.

By the way, as for the Tome of Horrors, that is why I not only made the whole thing OGC, I also included instructions on how to reuse the content so that freelancers could use the stuff more easily.

Clark

Tome Rules!

 

[rpgHQ]

We were only talking about PI monster names. Bringing up copyright law is counter-productive. It does not apply. Any work that tries to deny the user the monster name usually PIs the name. Trademark or not, it is PI according to the OGL and is therefore off limits.

This forum is not the place for this discussion though. The industry mailing list ogl-l@opengamingfoundation.org is where you find the best place to discuss it.

Actually the PI is a means to list things that are copyright, trademark, patent. Things one has rights and title to.

names, titles, short phrases and so forth are not copyrightable, depending on how their being used they can be trademarked though.

the monster names dragon, bone demon, beholder and so on can not be copyrighted though the name of a individual monster of such types could be trademarked. Just like the word wizard is not copyrightable nor is Wizard of the Coast, though its a trademark/servicemark so is protected under trademark law.