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silvarilon · 11-29-2010, 07:34 PM

I think the phrase that people want for this conversation is "derivative work"

Basically, are you making a "new version" of the previous characters.

So I can't put "Wolverine" into my mud (or fan fiction) if I'm talking about a soldier who has claws hidden in his hands and uses the phrase "Bub" a lot.
I can't even put Wolverine in if I change his backstory to make him British and have him exclaim "Oh my gosh!" and drink tea a lot. Since I'm making a changed, "new" version of the character. But it's still based (derived from...) the original character.

I *can* make a character who reads comics, and thinks that Wolverine is totally awesome. And makes himself gloves with claws, and insists that everyone calls him "Wolverine" - something like that would be different enough that I'm obviously not talking about the same character, and I'm not making a "poor mans wolverine" that I can then use to tell wolverine-like stories. If that kid, on the other hand, got claws surgically implanted, and went around fighting Supervillains... well, I'd be on shaky legal ground.

Bear in mind, most character's names are also trademarked. Which means, even if I could legally make this character who loves comics and dresses like wolverine, I still might not be able to sell backpacks with the word "Wolverine!" written on it in yellow and black. I probably wouldn't be able to write a story about the kid calling himself "Wolverine" if that story is published as a comic... and so on.

Similarly, if you've got a sci-fi MUD, with laser blasters, robot soldiers, and spaceships, and there is a character called "Luke Skywalker" who carries a laser sword... you're in breach. Even if it's a laser sword instead of a lightsabre. Even if he isn't a "Jedi". Even if he's actually named "Luke Starkiller."

So long story short:
- If your game has a character called "Wolverine" - is there any chance that the players will assume that the character is our claw-wielding Canadian character? If so, you're in breach of copyright.
- Are you using the character for social commentary, or to make a point about the original source material? If so, you *might* be covered under parody laws.
- Are you using the same name as a character in another MUD, when that character's name is trademarked? If so, you're in breach of trademark laws. (But I'd be very surprised if *any* names were trademarked for MUDs)

In practice:
People don't care about your MUD. You don't make enough money for them to worry, and you don't have enough exposure to impact their brand. HOWEVER, if anyone brings their attention to the infringement of copyright, they MUST tell you to stop, otherwise they can loose the copyright.

Which means, in practice, if you want LotR or Mass Effects muds, it needs to be a "don't ask, don't tell" situation.

11-29-2010, 07:34 PM	#16
silvarilon Member Join Date: Dec 2009 Posts: 144	Re: Copyrighted character names. I think the phrase that people want for this conversation is "derivative work" Basically, are you making a "new version" of the previous characters. So I can't put "Wolverine" into my mud (or fan fiction) if I'm talking about a soldier who has claws hidden in his hands and uses the phrase "Bub" a lot. I can't even put Wolverine in if I change his backstory to make him British and have him exclaim "Oh my gosh!" and drink tea a lot. Since I'm making a changed, "new" version of the character. But it's still based (derived from...) the original character. I can make a character who reads comics, and thinks that Wolverine is totally awesome. And makes himself gloves with claws, and insists that everyone calls him "Wolverine" - something like that would be different enough that I'm obviously not talking about the same character, and I'm not making a "poor mans wolverine" that I can then use to tell wolverine-like stories. If that kid, on the other hand, got claws surgically implanted, and went around fighting Supervillains... well, I'd be on shaky legal ground. Bear in mind, most character's names are also trademarked. Which means, even if I could legally make this character who loves comics and dresses like wolverine, I still might not be able to sell backpacks with the word "Wolverine!" written on it in yellow and black. I probably wouldn't be able to write a story about the kid calling himself "Wolverine" if that story is published as a comic... and so on. Similarly, if you've got a sci-fi MUD, with laser blasters, robot soldiers, and spaceships, and there is a character called "Luke Skywalker" who carries a laser sword... you're in breach. Even if it's a laser sword instead of a lightsabre. Even if he isn't a "Jedi". Even if he's actually named "Luke Starkiller." So long story short: - If your game has a character called "Wolverine" - is there any chance that the players will assume that the character is our claw-wielding Canadian character? If so, you're in breach of copyright. - Are you using the character for social commentary, or to make a point about the original source material? If so, you might be covered under parody laws. - Are you using the same name as a character in another MUD, when that character's name is trademarked? If so, you're in breach of trademark laws. (But I'd be very surprised if any names were trademarked for MUDs) In practice: People don't care about your MUD. You don't make enough money for them to worry, and you don't have enough exposure to impact their brand. HOWEVER, if anyone brings their attention to the infringement of copyright, they MUST tell you to stop, otherwise they can loose the copyright. Which means, in practice, if you want LotR or Mass Effects muds, it needs to be a "don't ask, don't tell" situation.