OGC and common names part 2: The races

[Remathilis]

In a past thread (http://www.enworld.org/forum/general-rpg-discussion/260618-d-d-deities-demons-devils-open.html), I asked about the amount of planar names WotC is using "fair use" (based on myth & legend, and therefore not trademarked, even if the stats themselves are closed).

This is the companion thread to that. Lots of WotC racial names are based on myth and legend or common-nouns or compound words. The obvious ones are open already (elf, dwarf, gnome, halfling, orc) but what about the races that aren't OGC, but their names are common-use (goliath, changling, shifter, cat-folk, etc)? How close can I hew to the same concept (a shapechanger race, a giant-man race, a catman race) using those names and not be in trouble?

For example, I create a race of shapechanging humanoids and call them "changlings". I don't use the 3e/4e look (vaguely doppelganger) or the printed stats (racial mods, favored classes, etc) but I do give them disguise-self at will (the primary trait of a changling and necessary for a shapechanger race?) Is it too close to IP?

Similarly, can I make a strong-man race with powerful-build (Open thanks to Half-giant in the SRD) and call them goliaths as long as I don't use the WotC appearance (lindoderms, hairless, etc) or culture (competitive meritocracy)?

I realize some races cut too close no matter what (warforged, dragonborn) so avoid those, but what about the others?

Thanks

 

[Asmor]

A good rule of thumb is to try and figure out what's traditional folklore (or otherwise not original to WotC or whoever), and all of that stuff is totally fair game.

In the case of changelings, traditionally they were fey who were left in place of human babies by mischievous faeries. So I'm not sure where the idea of changelings as shapeshifters comes from, but it's possible that that concept may be original to WotC and thus something you don't want to copy.

I should point out that I know very little about the White Wolf franchise Changeling, but if their changelings are also shapeshifters then I'd say you're clear.

 

[drothgery]

I'm not sure where the idea of shapeshifting changelings came from, but it definitely predates Eberron and D&D Changelings. Odo's people (shapeshifters) on Star Trek: Deep Space 9 were known as changelings.

 

[Remathilis]

I'm not sure where the idea of shapeshifting changelings came from, but it definitely predates Eberron and D&D Changelings. Odo's people (shapeshifters) on Star Trek: Deep Space 9 were known as changelings.

Used also in Attack of the Clones:
ANAKIN: I think he's a she... and I think she's a changeling.

Interestingly, the term is also used in Palladium to refer to a shapeshifting race, so I think its safe to use the term "changeling" to mean "shapeshifter".

 

[drothgery]

Used also in Attack of the Clones:
ANAKIN: I think he's a she... and I think she's a changeling.

Though that was nine years later (DS9 premeired in 1993; Episode II was in 2002). Not sure about Palladium.

 

[Relique du Madde]

Though that was nine years later (DS9 premeired in 1993; Episode II was in 2002). Not sure about Palladium.

I'm not sure where my 1st Edition Palladium FRG book is, but Changlings were in the second edition (1996). If they existed in the book's original edition then they date back to 1983.

 

[freyar]

Speaking of changelings, doppelganger itself is an example of what you're looking for. Wikipedia has some interesting doppelganger stories I didn't know before, as well (Abraham Lincoln had visions of one, in a sense!).

 

[jdrakeh]

Shapeshifting has deep roots in folklore.

 

[S'mon]

(I teach UK copyright & TM - this is a sketch of US law as I understand it)

Copyright - any public domain ideas can be used freely.

For an idea originating with WoTC, you can use their idea, but not the detailed expression of that idea.

I think it's unlikely that any of the things you talk about infringe copyright.

For a name to function as a trade mark, it has to designate the origin of goods (or services, for service marks). For a monster name, that likely means it's being used as in the title of literary works eg "Vault of the Drow" might conceivably count. Most WotC monster names do not meet this test and are not therefore protected under trade marks law.

This is all ignoring the OGL & GSL.