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Who "Owns" Old PC's?
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<blockquote data-quote="Atma" data-source="post: 649881" data-attributes="member: 4686"><p>Well first, once more I'm not a lawyer, so don't construe this as legal advice.</p><p></p><p>I'm going to assume that you mean "not speaking" because of an argument of some nature and not just because you've drifted apart.</p><p></p><p>That's a very tricky one because it involves the joint creation of intellectual property, IE the character. Generally speaking, if you intend to do any publishing (or even think there's a possibility of it happening in the future) that potentially involves what could be construed as intellectual property of another person, you should always get them to sign a waiver that says they understand that it's your property. </p><p></p><p>In terms of the God, "You can use it all you want" (if those are the words he used) could be construed as verbal permission to use his intellectual property on a royalty-free basis at any point you desire.</p><p></p><p>I would say that if this work we're published, you'd have a gentleman's obligation to at least pay the person a minor royalty if the character's past (where the player was playing him) was a reasonable part of the story. If the character's history was left out, and you essentially just re-created a NPC with the same name, then I'd say you don't.</p><p></p><p>Should you remove him from your work? I'd say no. His attitude now doesn't change his consent from an earlier date.</p></blockquote><p></p>
[QUOTE="Atma, post: 649881, member: 4686"] Well first, once more I'm not a lawyer, so don't construe this as legal advice. I'm going to assume that you mean "not speaking" because of an argument of some nature and not just because you've drifted apart. That's a very tricky one because it involves the joint creation of intellectual property, IE the character. Generally speaking, if you intend to do any publishing (or even think there's a possibility of it happening in the future) that potentially involves what could be construed as intellectual property of another person, you should always get them to sign a waiver that says they understand that it's your property. In terms of the God, "You can use it all you want" (if those are the words he used) could be construed as verbal permission to use his intellectual property on a royalty-free basis at any point you desire. I would say that if this work we're published, you'd have a gentleman's obligation to at least pay the person a minor royalty if the character's past (where the player was playing him) was a reasonable part of the story. If the character's history was left out, and you essentially just re-created a NPC with the same name, then I'd say you don't. Should you remove him from your work? I'd say no. His attitude now doesn't change his consent from an earlier date. [/QUOTE]
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