Need legal advice (easy one for the right folks)

[Great Mastiff Corp.]

Well ... perhaps you're right, but a government website seems to be a fairly good source of information about trademarks. And, I'd say that specific fictional names can be copyrighted. I doubt that R.A. Salvatore has trademarks out on each individual character in his Drizzt books, but if you use one of the characters from his books, then I think the copyright laws would nail you to the legal wall. Even if your Catti-Brie was a bubbling horror from beyond the edge of reality, or your Tread McKnuckles was a flouncing elf, they'd kick you sixteen ways to Sunday on copyright alone. That's why all the "proper name" spells are missing from the SRD. I seriously doubt that TSR or WOTC paid $1,200 to individually trademark "Bigby." However, Bigby is in their copyrighted materials, and is therefore copyrighted also. Yes? No?

90 years, eh? That's pretty cool. I wonder if they changed it just to protect Donald Duck and Mickey Mouse (joke) .

Regardless... I still don't see anything wrong with "tentacle monster mug."

 

[Great Mastiff Corp.]

Here's the copyright info you were talking about:

For works created after January 1, 1978, copyright lasts for the life of the author plus 70 years. In the case of a joint work, copyright lasts for 70 years after the last surviving author's death. For anonymous and pseudonymous works and works made for hire, copyright lasts 95 years from the year of first publication or 120 years from the year of creation, whichever ends first.

For works created but not published or registered before January 1, 1978, copyright lasts for the life of the author plus 70 years, but it will not expire earlier than December 31, 2002. If the work is published before December 31, 2002, copyright will not expire before December 31, 2047.

For pre-1978 works still in their original or renewal term of copyright, copyright is extended to 95 years from the date that copyright was originally secured.

So if Lovecraft copyrighted his works, then they will become public domain in 2032. If he didn't copyright them personally (highly unlikely) then the copyright will expire in 2007.

 

[Chris Tavares]

The copyright status of Lovecraft's work is murky at best. The reason is that he actively invited other people to use his creations in their own stories, thereby releasing Cthulhu and company into the public domain. Great for us, but not so hot for those trying to claim copyright on HPL's work.

Arkham house & company still claim that they hold the copyrights; wether they actually do or not remains to be decided in a court of law as far as I know.

 

[Keeper of Secrets]

The copyright status of Lovecraft's work is murky at best. The reason is that he actively invited other people to use his creations in their own stories, thereby releasing Cthulhu and company into the public domain. Great for us, but not so hot for those trying to claim copyright on HPL's work.

Arkham house & company still claim that they hold the copyrights; wether they actually do or not remains to be decided in a court of law as far as I know.

Yes. The Lovecraft stuff was kind of a collaborative effort. Some of the collaborators have only recent died - Robert Bloch may have been the last one to go. Then when you consider that words like Hastur and Cthulhu were REALLY not Lovecraft's to begin with . . . and the Cthulhu Mythos as we know it was really kind of put together by August Derleth . . . well . . . that is just one of the reasons things are weird.

 

[Keeper of Secrets]

alsih20,

After seeing the mug, I would say you are in good shape. You are creating something that ghas a functional purpose, decorating it yourself and so long as you don't call it a Mind Flayer or Illithid, you should be OK. Calling it Cthulhu should be no problem. I mean take a look atthe products out there when you go to cons and stuff. Some have no relation or permission from Chaosium. Nobody is going to come after you if you make and sell these things.

 

[Lizard]

alsih20,

After seeing the mug, I would say you are in good shape. You are creating something that ghas a functional purpose, decorating it yourself and so long as you don't call it a Mind Flayer or Illithid, you should be OK. Calling it Cthulhu should be no problem. I mean take a look atthe products out there when you go to cons and stuff. Some have no relation or permission from Chaosium. Nobody is going to come after you if you make and sell these things.

"No one bothers" isn't the same as "They can't stop you even if they wanted to". You don't want to be the one selected to be an "example".

This year, for the first time, GenCon started shutting down all those booths selling pirate videos. I'm sure many of the people running them were going on the assumption that "Hey, they never hassled us before, why start now?"

 

[DanMcS]

That's why all the "proper name" spells are missing from the SRD. I seriously doubt that TSR or WOTC paid $1,200 to individually trademark "Bigby." However, Bigby is in their copyrighted materials, and is therefore copyrighted also. Yes? No?

Can't copyright a name. They can disallow you from using it on any product produced under the d20 license or OGL, because it's just that, a license, and you have to agree to it to publish.

90 years, eh? That's pretty cool. I wonder if they changed it just to protect Donald Duck and Mickey Mouse (joke) .

You're not wrong. Disney corp has been the number one lobbyist for the continual extensions of copyright which have occurred over the last 40 or 50 years. There's a reason they call Fritz Hollings the Senator from Disney.

 

[Keeper of Secrets]

"No one bothers" isn't the same as "They can't stop you even if they wanted to". You don't want to be the one selected to be an "example".

This year, for the first time, GenCon started shutting down all those booths selling pirate videos. I'm sure many of the people running them were going on the assumption that "Hey, they never hassled us before, why start now?"

You're right. The videos are an excellent axample. You never want to be the one who they are making an example out of. Law text books are filled with those people.

 

[BryonD]

Consistent with some of the above statements:

Nobody seems to be bothering Reaper over their "Bathalian" minis

http://www.rpgshop.com/product_info.php?products_id=34592&

http://www.rpgshop.com/product_info.php?products_id=35403&

 

[Great Mastiff Corp.]

Well ... the thing does say "Mind Flyer" rather than "Mind Flayer." Either that, or they should keep a weather eye out for lawsuits...