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Whose "property" are the PCs?
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<blockquote data-quote="Dannyalcatraz" data-source="post: 2423024" data-attributes="member: 19675"><p>No. What I said is that an allegation that I intend to self-publish is <em>believable</em>. To have it <em>believed</em> enough for the court to take action would require additional info besides the allegation, like a showing of actions taken in that direction, perhaps notes showing a line of inquiry about the costs of publishing.</p><p></p><p>Self-publication is fairly common, commercially viable self-publication isn't. But in IP litigation, there need be no proof of commercial viability, though it may affect the damage award (if any).</p><p></p><p></p><p></p><p>Actually, fines as well as confiscation & destruction of infringing material are also possible.</p><p></p><p></p><p></p><p>First- publication is not required to support a suit for copyright infringement. Publication is just usually the method by which infringement is discovered or enabled.</p><p></p><p></p><p></p><p>(This, BTW, is the standard in most nations that are signatories to the various international IP treaties.)</p><p></p><p>As soon as a player affixes his concept to paper (or electronic form), its copyrighted material. This is the reason why you usually have to surrender your IP rights to submissions to game magazines and "Design a PC" contests.</p><p></p><p>Second- IP need not be registered with the nation's copyright office to be protected. Registration just gives additional protection and remedies.</p><p></p><p>Third- Once you realize that play doesn't negate copyright protection or transfer ownership in any way, you'll be much better off.</p><p></p><p>Unless the DM's input is significant (which is a jury question in the extremely unlikely event something like this came to trial), the PC belongs to the player.</p><p></p><p></p><p></p><p>While it is true that I have not had much DM participation in PC creation (take <em>THAT</em> Jesse Jackson!), it isn't because of DM dullards or uninteresting campaigns, its because I have no need for their input, other than the odd name of the appropriate region of origin for my PC.</p><p></p><p></p><p></p><p>the response:</p><p></p><p></p><p>No. I speak from experience. Each of those PCs I described have each been played in at least 3 different systems- one exists in Rifts, GURPS, HERO, 2Ed D&D, Mage, Shadowrun, ACE, MechWarrior and Traveller- and maybe a few others. Currently, I'm planning multiple D20 versions of him as well- for D&D, Modern, and Past. He is analagous to an "Eternal Champion" type character. He's been well recieved in each campaign, and players who've seen him before <em>like</em> him.</p><p></p><p></p><p></p><p>Well, if it were my character you were yanking around after I had retired it, and you didn't respect my objection, you would find me walking out of your door. (And no, I wouldn't sue.)</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 2423024, member: 19675"] No. What I said is that an allegation that I intend to self-publish is [I]believable[/I]. To have it [I]believed[/I] enough for the court to take action would require additional info besides the allegation, like a showing of actions taken in that direction, perhaps notes showing a line of inquiry about the costs of publishing. Self-publication is fairly common, commercially viable self-publication isn't. But in IP litigation, there need be no proof of commercial viability, though it may affect the damage award (if any). Actually, fines as well as confiscation & destruction of infringing material are also possible. First- publication is not required to support a suit for copyright infringement. Publication is just usually the method by which infringement is discovered or enabled. (This, BTW, is the standard in most nations that are signatories to the various international IP treaties.) As soon as a player affixes his concept to paper (or electronic form), its copyrighted material. This is the reason why you usually have to surrender your IP rights to submissions to game magazines and "Design a PC" contests. Second- IP need not be registered with the nation's copyright office to be protected. Registration just gives additional protection and remedies. Third- Once you realize that play doesn't negate copyright protection or transfer ownership in any way, you'll be much better off. Unless the DM's input is significant (which is a jury question in the extremely unlikely event something like this came to trial), the PC belongs to the player. While it is true that I have not had much DM participation in PC creation (take [I]THAT[/I] Jesse Jackson!), it isn't because of DM dullards or uninteresting campaigns, its because I have no need for their input, other than the odd name of the appropriate region of origin for my PC. the response: No. I speak from experience. Each of those PCs I described have each been played in at least 3 different systems- one exists in Rifts, GURPS, HERO, 2Ed D&D, Mage, Shadowrun, ACE, MechWarrior and Traveller- and maybe a few others. Currently, I'm planning multiple D20 versions of him as well- for D&D, Modern, and Past. He is analagous to an "Eternal Champion" type character. He's been well recieved in each campaign, and players who've seen him before [I]like[/I] him. Well, if it were my character you were yanking around after I had retired it, and you didn't respect my objection, you would find me walking out of your door. (And no, I wouldn't sue.) [/QUOTE]
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