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The Full & Glorious History of NuTSR
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<blockquote data-quote="Jer" data-source="post: 8484231" data-attributes="member: 19857"><p>In every step of this saga these guys just show that they don't understand the nuances of copyright and trademarks. One reason why TSR Games (TSR2) was able to stay out of the crosshairs is because they only used the name TSR and came up with their own logo to promote it. Yeah they were banking on the reputation of the original TSR but they kept it to that - using the name and intentionally trying to not step on Wizards toes.</p><p></p><p>Using artwork that is owned by someone else is a copyright violation and whether or not Wizards has registered the trademark for TSR that doesn't mean they lose the copyright on the <em>images</em> for that mark. Certainly they can't be picked up by just anyone because they filed a trademark application - at worst the original artists might contest the ownership of the images as not having been work for hire but while I'm not a lawyer from what I know about work-for-hire laws (mostly due to comic book lawsuits) trying to defend that an image used as a trademark wasn't work for hire is going to be an uphill climb.</p><p></p><p></p><p>Self-parody is a form of parody after all.</p></blockquote><p></p>
[QUOTE="Jer, post: 8484231, member: 19857"] In every step of this saga these guys just show that they don't understand the nuances of copyright and trademarks. One reason why TSR Games (TSR2) was able to stay out of the crosshairs is because they only used the name TSR and came up with their own logo to promote it. Yeah they were banking on the reputation of the original TSR but they kept it to that - using the name and intentionally trying to not step on Wizards toes. Using artwork that is owned by someone else is a copyright violation and whether or not Wizards has registered the trademark for TSR that doesn't mean they lose the copyright on the [I]images[/I] for that mark. Certainly they can't be picked up by just anyone because they filed a trademark application - at worst the original artists might contest the ownership of the images as not having been work for hire but while I'm not a lawyer from what I know about work-for-hire laws (mostly due to comic book lawsuits) trying to defend that an image used as a trademark wasn't work for hire is going to be an uphill climb. Self-parody is a form of parody after all. [/QUOTE]
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