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Gardon Scholar
Joined: 05 Feb 2006 Posts: 157
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Posted: Thu Dec 20, 2007 3:13 am Post subject: How many ideas can you take from a game before it's copyrigh |
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I've always wanted to create my own video game after playing this awesome game online. Everything about it I love, and I wanted to make something just like it.
But how many ideas (ie. combat system, healing process, items in the game, etc.) can I take and use in my game before it's considered infringement? I love these ideas and I find it hard to think of my own. It would be like running a business and realizing that renting a building would be more beneficial than buying a building short term. Company XYZ down the street did it, and it's such a great idea that I want to use it too because it makes sense. Does that mean I'm stealing their idea?
I'm trying to think up my own ideas but I think the ones already implemented would work a lot better. Also, when I think about games out today, there has to be some similarities, or nothing would sell.
Any help would be appreciated.
-Gardon
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RedSlash Mage
Joined: 12 May 2005 Posts: 331
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Posted: Thu Dec 20, 2007 7:28 am Post subject: |
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Copyright protects rights to works, not ideas. Thus stealing someones idea does not infringe on any copyrights. Excessive stealing of ideas may be considered plagiarism, which is usually frowned upon.
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Hajo Demon Hunter
Joined: 30 Sep 2003 Posts: 779 Location: Between chair and keyboard.
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Posted: Thu Dec 20, 2007 10:02 am Post subject: |
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In some countries there are "registered designs", that is, while the idea cannot be protected, a certain design using an idea can be. This can include shapes, colors, fonts and such ... for example one of the bigger telecommunication companies here has registered a big magenta T as their protected design so no one else can now use big magenta T's without risk of being told to stand back from that at the threat of a huge fee if one does not.
Also you need to watch out for registered trademarks. And there are some silly patents our there, like a patent for blinking cursors using XOR and such ... if software patents become more common I fear they will be a big problem for hobby programmers who want to release their works.
You usually can reuse ideas, but you cannot name the things in your game the way they were named in the original, and you need to give them different designs.
But looking at all the clones of games out there, it's easy to make a game similar to an existing one without getting into trouble.
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RampantCoyote Demon Hunter
Joined: 16 May 2006 Posts: 546 Location: Salt Lake City, Utah
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Posted: Thu Dec 20, 2007 7:54 pm Post subject: |
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Just make sure it's not a carbon copy, and that you aren't using someone's I.P. without permission (except by parody).
But otherwise - everybody is influenced by everyone else's games. There are some pretty blatant rip-offs of gameplay out there that I don't condone, but they get away with it.
If your RPG has characters named Tifa, Cloud, and Sephiroth, you are likely to get in trouble if it gets noticed. But if you borrow a lot of the style and gameplay elements from some game that uses those characters, you should be okay. Particularly if you only used that system as a foundation that you built on. _________________ Tales of the Rampant Coyote - Old-School Game Developer talks Indie Games, RPGs, and the Games Biz
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cowgod Wandering Minstrel
Joined: 22 Nov 2005 Posts: 114 Location: Pittsburgh, USA
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Posted: Thu Dec 20, 2007 8:15 pm Post subject: |
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Whenever a really original game comes out, there's always a whole bunch of copycat games that steal pretty much the whole game system.
Basically, I think you can rip off any game's system completely so long as you don't use any of art, music, code, etc resources and have a different storyline.
You can put all the Final Fantasy 7 characters in a game, so long as it's a parody of Final Fantasy 7. Otherwise, it would be best to change at least some of the names.
But you can get away with alot. Septerra Core has a character named Marduk who is the son of God. But you can still have a character named Marduk who is the son of God because that's from Sumerian/Babylonian/Mesopotamian religion.
You can completely rip off anything where the author has been dead more than 70 or so years. That makes all the "classic" stuff like mythology and Shakespeare completely up for grabs.
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Mattias Gustavsson Mage
Joined: 10 Nov 2007 Posts: 457 Location: Royal Leamington Spa, UK
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Posted: Thu Dec 20, 2007 8:59 pm Post subject: |
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cowgod wrote: |
You can completely rip off anything where the author has been dead more than 70 or so years. |
Yeah, I've read about that one too... so, does this mean I can make a Conan game or a game set in Robert E Howards "Hyborian Age", as he has been dead for 70+ years... or would that mean I violate copyrights held by those who have made movies/comics/books/games at later dates? _________________ www.mattiasgustavsson.com - My blog
www.rivtind.com - My Fantasy world and isometric RPG engine
www.pixieuniversity.com - Software 2D Game Engine
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BadMrBox Bringer of Apocalypse
Joined: 26 Jun 2002 Posts: 1022 Location: Dark Forest's of Sweden
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Posted: Thu Dec 20, 2007 9:03 pm Post subject: |
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I would say you are violating copyrights if you should do so as Conan is as a 'object' quite alive. I dont see anyone care much thought as long as you dont earn money on it. _________________
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Gardon Scholar
Joined: 05 Feb 2006 Posts: 157
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Posted: Thu Dec 20, 2007 9:09 pm Post subject: |
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Thanks guys.
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Mattias Gustavsson Mage
Joined: 10 Nov 2007 Posts: 457 Location: Royal Leamington Spa, UK
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Posted: Thu Dec 20, 2007 9:18 pm Post subject: |
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But this is what I don't get, if things fall into public domain 70 years after the authors death, then why wouldn't it apply to something like Conan?
And not making money from something doesn't mean you're free to use it. A lot of companies defend their copyrights even when there's no money being made. _________________ www.mattiasgustavsson.com - My blog
www.rivtind.com - My Fantasy world and isometric RPG engine
www.pixieuniversity.com - Software 2D Game Engine
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BadMrBox Bringer of Apocalypse
Joined: 26 Jun 2002 Posts: 1022 Location: Dark Forest's of Sweden
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Posted: Thu Dec 20, 2007 9:29 pm Post subject: |
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Yeah, but well... they usually dont care much about what the fans do.
One guess I have is that it falls in public domain after 70 years if nobody owns the rights to the work? That doesn't sound right either thought.
I have a lawrider friend who I discussed this with once upon a time and he cleared things out for me but that was so long time ago so I have forgotten it, or maybe - I was to drunk.
I found a link with some US copyright laws
http://www.copyright.cornell.edu/public_domain/
Edit: and that's a damn jungle of paragraphs. _________________
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RedSlash Mage
Joined: 12 May 2005 Posts: 331
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Posted: Fri Dec 21, 2007 1:28 am Post subject: |
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Quote: | Yeah, I've read about that one too... so, does this mean I can make a Conan game or a game set in Robert E Howards "Hyborian Age", as he has been dead for 70+ years... or would that mean I violate copyrights held by those who have made movies/comics/books/games at later dates? |
People who have made movies/comics books based on Conan, acquired a license to use Conan in their production and therefore, they are not the copyright holder of Conan. On the other hand, they are the copyright holders to their own rendition (i.e. the movie production) of Conan. Therefore, if Conan is now in the public domain, you can use Conan in your own work but you can't use the movie producer's version of Conan.
Quote: | One guess I have is that it falls in public domain after 70 years if nobody owns the rights to the work? That doesn't sound right either thought. |
I think the general rule is 70 years after the author's death. Copyright can be transferred to kids and grandkids after death, but the limit does not extend beyond that.
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Hajo Demon Hunter
Joined: 30 Sep 2003 Posts: 779 Location: Between chair and keyboard.
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Posted: Fri Dec 21, 2007 9:06 am Post subject: |
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RedSlash wrote: |
I think the general rule is 70 years after the author's death. Copyright can be transferred to kids and grandkids after death, but the limit does not extend beyond that. |
This project tries to collect free literature:
http://www.gutenberg.org/wiki/Main_Page
"Free" as in expired copyright or as in the author wants it to be free. I couldn't find details on the copyright expiration though, but it definitely expires some day (I had 75 years after the death of author or after death of the first line of inheritance in memory, whichever date comes last.)
Edit: Project Gutenberg has a copyright FAQ:
http://www.gutenberg.org/wiki/Gutenberg:Copyright_FAQ
That might help :)
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RampantCoyote Demon Hunter
Joined: 16 May 2006 Posts: 546 Location: Salt Lake City, Utah
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Posted: Fri Dec 21, 2007 4:08 pm Post subject: |
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From their FAQ:
Quote: | Works published and copyrighted 1923-1977 retain copyright for 95 years. No such works will enter the public domain until 2019 unless one of the other rules applies.
Works first created on or after January 1, 1978 enter the public domain 70 years after the death of the author if the author is a natural person. (Nothing will enter the public domain under this rule until at least January 1, 2049.)
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The Conan stories were originally published between 1932 and 1936, so they remain the property of Howard's estate until 2031. _________________ Tales of the Rampant Coyote - Old-School Game Developer talks Indie Games, RPGs, and the Games Biz
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cowgod Wandering Minstrel
Joined: 22 Nov 2005 Posts: 114 Location: Pittsburgh, USA
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Posted: Fri Dec 21, 2007 7:45 pm Post subject: |
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It looks like Conan isn't in the public domain yet then. I didn't know that the law used to be different.
http://en.wikipedia.org/wiki/Conan_the_Barbarian seems to indicate that there's some dispute in this particular case, but I would avoid situations like this where its unclear. It seems like there are people who will sue you if you use Conan the Barbarian material in the U.S. This makes sense because it should still be copyrighted, though some people seem to think it isn't.
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