How Far Does Character Copyright Infringement Go?

Aryuze · 08-22-2009, 09:09 AM

I know that we are not allowed reproduce any copies of characters like Superman, Wolverine, etc. But are we allowed to make races from other games? For example, someone made a dreanai character from WoW in CO: http://www.youtube.com/watch?v=KhVvkmPq5Tg

That just shows how awesome the character creator is. I just want to know what is considered copyright infringement when creating our characters. Perhaps there should be a little guideline for this before launch.

Kimuki · 08-22-2009, 10:03 AM

Thats not character infringement. Draenei look just like any other demon woman/wingless succubi concept. Thats never been under copyright. Thats almost as ridiculous as thinking elves or fairies would be a breach of copyright.

_Pax_ · 08-22-2009, 10:24 AM

If a GM decides it went too far, it did.

The line is fluid, not fixed. It has to be; what is too similar for ONE character, may be just dissimilar enough for another.

But generally: "if it look slike a duck, quacks like a duck, and is called 'duck' ... odds are, it's a frelling DUCK." ^_^

tuckerpb · 08-22-2009, 11:33 AM

actually if you want you can make a character (lets say) like superman. you can give him the same costume, can man, same everything and NOT be violating the copy right laws. Now if you when around calming that you created him and/or tried to make real money off of that then you you WILL be violating copy right laws.
In eq1 i had an enchanter named Midkemia. after having that name for a yeat i was forced to change it to another name. The GM claimed it was a copy right violation. When i e-mail the wright Raymond e Feist saying I was sorry about that . He e-mailed back saying that they had it wrong. That I could use the name as long as I did not clam to create the name, and/or make money from it.

Subteran · 08-22-2009, 02:12 PM

Quote:

Originally Posted by tuckerpb

actually if you want you can make a character (lets say) like superman. you can give him the same costume, can man, same everything and NOT be violating the copy right laws. Now if you when around calming that you created him and/or tried to make real money off of that then you you WILL be violating copy right laws.
In eq1 i had an enchanter named Midkemia. after having that name for a yeat i was forced to change it to another name. The GM claimed it was a copy right violation. When i e-mail the wright Raymond e Feist saying I was sorry about that . He e-mailed back saying that they had it wrong. That I could use the name as long as I did not clam to create the name, and/or make money from it.

You're sort of right, Tucker. Kinda.

You can _make_ any image you want, that isn't trademarked.

It's not the making of the image that violates a copyright. It's how it's used.

I have no doubt Mr. Feist was correct in what he told you about his own characters as far as he was concerned. He's taken a very reasonable stance.

It doesn't make a company that hosts the making and use of the image wrong for observing a rule that says don't use copyrighted material.

The rule, while it might be more general than some original artists need for the protection of their interests, has to be enough to protect all original artists' interests, and be fairly applied so it's easy to understand and administer.

Which makes a blanket 'no copyrighted character' rule far more sensible than, say, asking each player to ask each original artist whether they can use the character or not. Imagine the nightmare that'd be.

Vaelinor · 08-22-2009, 02:24 PM

Quote:

Originally Posted by Subteran

You're sort of right, Tucker. Kinda.

You can _make_ any image you want, that isn't trademarked.

It's not the making of the image that violates a copyright. It's how it's used.

I have no doubt Mr. Feist was correct in what he told you about his own characters as far as he was concerned. He's taken a very reasonable stance.

It doesn't make a company that hosts the making and use of the image wrong for observing a rule that says don't use copyrighted material.

The rule, while it might be more general than some original artists need for the protection of their interests, has to be enough to protect all original artists' interests, and be fairly applied so it's easy to understand and administer.

Which makes a blanket 'no copyrighted character' rule far more sensible than, say, asking each player to ask each original artist whether they can use the character or not. Imagine the nightmare that'd be.

The rule is don't screw with greedy corporate lawyers.

DracoJJ · 08-22-2009, 02:25 PM

I made a Gorge W. Bush yesterday, is that copyrighted XD

Zuldaicho · 08-22-2009, 02:38 PM

Quote:

Originally Posted by Aryuze

I know that we are not allowed reproduce any copies of characters like Superman, Wolverine, etc. But are we allowed to make races from other games? For example, someone made a dreanai character from WoW in CO: http://www.youtube.com/watch?v=KhVvkmPq5Tg

That just shows how awesome the character creator is. I just want to know what is considered copyright infringement when creating our characters. Perhaps there should be a little guideline for this before launch.

Ugh... why do kids make WoW characters in this? ...

superduperfly · 08-22-2009, 03:01 PM

Mirielle Bouquet from Noir.

mireille01.jpg mirielle.jpg

Mahou_Shojou · 08-22-2009, 03:35 PM

The issue is not actually that you have made or owned a character that is a copy of something that is trademarked or copyrighted.

The issue that all characters and content in the game (even ones created by you) are owned by Cryptic. Therefore, although you may have created a "Superman" or "Wonder Woman", Cryptic would be considered to own that character, and they are definitely making money as a result of it.

If a copyright holder decided to sue someone, they would not normally aim to sue you. They would sue Cryptic. Since Cryptic are the ones at risk, and the ones who would be legally liable, this is why they are the ones making all reasonable efforts to ensure copyright laws are respected.

08-22-2009, 09:09 AM	#1
Aryuze Hero Join Date: Jul 2008 Location: points	How Far Does Character Copyright Infringement Go? I know that we are not allowed reproduce any copies of characters like Superman, Wolverine, etc. But are we allowed to make races from other games? For example, someone made a dreanai character from WoW in CO: http://www.youtube.com/watch?v=KhVvkmPq5Tg That just shows how awesome the character creator is. I just want to know what is considered copyright infringement when creating our characters. Perhaps there should be a little guideline for this before launch.

08-22-2009, 10:24 AM	#3
_Pax_ Vanguard Join Date: Feb 2008 Location: U.S. Northeast	If a GM decides it went too far, it did. The line is fluid, not fixed. It has to be; what is too similar for ONE character, may be just dissimilar enough for another. But generally: "if it look slike a duck, quacks like a duck, and is called 'duck' ... odds are, it's a frelling DUCK." ^_^ __________________ -- Sean PC Specs: AMD Phenom II X4 955 (4x3.2GHz); 8GB DDR3-1333 RAM; nVidia GTX 275 (896MB). Currently Playing: in between major games for the moment ... I currently have thirteen characters in CO.

08-22-2009, 02:25 PM	#7
DracoJJ Hero Join Date: Aug 2009	I made a Gorge W. Bush yesterday, is that copyrighted XD __________________

08-22-2009, 10:03 AM	#2
Kimuki Hero Join Date: Apr 2009	Thats not character infringement. Draenei look just like any other demon woman/wingless succubi concept. Thats never been under copyright. Thats almost as ridiculous as thinking elves or fairies would be a breach of copyright.

08-22-2009, 11:33 AM	#4
tuckerpb Citizen Join Date: Sep 2008	actually if you want you can make a character (lets say) like superman. you can give him the same costume, can man, same everything and NOT be violating the copy right laws. Now if you when around calming that you created him and/or tried to make real money off of that then you you WILL be violating copy right laws. In eq1 i had an enchanter named Midkemia. after having that name for a yeat i was forced to change it to another name. The GM claimed it was a copy right violation. When i e-mail the wright Raymond e Feist saying I was sorry about that . He e-mailed back saying that they had it wrong. That I could use the name as long as I did not clam to create the name, and/or make money from it.

08-22-2009, 03:01 PM	#9
superduperfly Champion Join Date: May 2009	Mirielle Bouquet from Noir. mireille01.jpg mirielle.jpg

08-22-2009, 03:35 PM	#10
Mahou_Shojou Citizen Join Date: Aug 2009	The issue is not actually that you have made or owned a character that is a copy of something that is trademarked or copyrighted. The issue that all characters and content in the game (even ones created by you) are owned by Cryptic. Therefore, although you may have created a "Superman" or "Wonder Woman", Cryptic would be considered to own that character, and they are definitely making money as a result of it. If a copyright holder decided to sue someone, they would not normally aim to sue you. They would sue Cryptic. Since Cryptic are the ones at risk, and the ones who would be legally liable, this is why they are the ones making all reasonable efforts to ensure copyright laws are respected.