Reprinting the Out of Print Question

[JoeGKushner]

I've been meaning to scan my Fanta City Role Playing Tools for a while. These are full color plates containing the floor plans of four fantasy buildings that you cut up. They're tiles before e-tiles came out.

It's made by Soldiers & Swords. The only company I see with that name is some Wii game company.

Looking at the date here, this product is from 94.

Would it be okay for me to copy the material? If they're out of business, could someone else host the files for use by everyone? Is it kinda like asking about the music that's out of print being put up for free?

 

[arscott]

Legally, no. It's still under copyright and will continue to be under copyright until sometime in the 22nd century.

On the other hand, if the company is actually gone and nobody else purchased the rights to the material, then it's not as though anyone is going to sue you for distributing them.

 

[delericho]

Would it be okay for me to copy the material?

Fair use would apply. Generally, copying for personal use is okay, but distribution is not. I don't know exactly where the limits on what is allowed fall.

If they're out of business, could someone else host the files for use by everyone?

No. The material is still under copyright, and someone owns those rights.

Is it kinda like asking about the music that's out of print being put up for free?

Exactly the same, albeit on a smaller scale.

Note: I am not a lawyer.

 

[Treebore]

Fair use would apply. Generally, copying for personal use is okay, but distribution is not. I don't know exactly where the limits on what is allowed fall.



No. The material is still under copyright, and someone owns those rights.



Exactly the same, albeit on a smaller scale.

Note: I am not a lawyer.

It would be safest to follow what Delricho says. Part of successful copyright infringement is proving damage done to the copyright holder, and with them being out of business, and if you distribute it for free, its unlikely they would have a good case, but I doubt your into this for facing potential legal headaches, so stick to "personal use" to be absolutely safe.

I am not a lawyer either, just someone who has researched this and asked a lot of questions from "experts". Still, I am in no way, shape or form offering you anything like legal advice, consult a licensed copyright attorney in the US if you really desire to go beyond "personal use". There are tons of them in Chicago.

 

[Umbran]

Would it be okay for me to copy the material? If they're out of business, could someone else host the files for use by everyone? Is it kinda like asking about the music that's out of print being put up for free?

As others have noted - even if the company is out of business, someone out there has the rights. That is generally true for any copyrighted material that hasn't been aroudn so long as it has entered the public domain.

Fair use may cover you copying them as "backups". But in no way does it cover distribution - scanning and putting the images up where "everyone" can use them is right out.

 

[Treebore]

If anyone is interested in the actual durations of copyright law, in the US, here is a PDF from the US Copyright office fully explaining it:

http://www.copyright.gov/circs/circ15a.pdf

In summary, if it was printed within the last lifetime or three, its under copyright. So if it was printed in 1994 you will die before its copyright runs out.

 

[JoeGKushner]

It's a damned shame let me tell ya because while not on the scale of Skeleton Key Games, they are 'old school' and have that feel about 'em.

 

[grodog]

Joe---

You could post a Q about whether or not any of the non-TSR collectors out there have tracked down the owners for this, and if so, perhaps they could be persuaded to bring the product into print, or at least POD/.pdf; ask at the Acaeum and the Tome of Treasures.

 

[JoeGKushner]

Joe---

You could post a Q about whether or not any of the non-TSR collectors out there have tracked down the owners for this, and if so, perhaps they could be persuaded to bring the product into print, or at least POD/.pdf; ask at the Acaeum and the Tome of Treasures.

I actually managed to hunt down the designer of it who is also a mini producer and asked him if he'd be bringing this out in PDF. So we'll see.

 

[grodog]

Cool