Discussion:My Discussion:copyright/trademark
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copyright/trademark[edit]
if some company copyrighted a monster from, say a video game, am i allowed to make up d20 stats for it and post it on the site?
75.127.71.73 04:23, 20 August 2009 (MDT)[edit]
Law student here.
First, you can't copyright ideas. Copyrighting a monster cannot be done, you can copyright the art representing the monster, but not the monster themselves. If it was copyrighted, fair use (the copyright version) might've been an option--Depending on exact details, the quality of your lawyer, and the judge.--, but it's not the case here.
You can still trademark them (A different form of Intellectual Property), as a trademarked object, you ARE NOT allowed to use it in any way but to refer to the actual trademarked material or it's owner, unless you have a license for that. These are the limits of the Fair Use of trademark law. As such, if you create this, you'll be infringing on a trademark, which means you WILL get a Cease and Desist if the trademark owners find out.
Jota 10:40, 20 August 2009 (MDT)[edit]
To be more plain, as long as you add a copyright disclaimer {{Copyright Disclaimer}} you should be fine (i.e. create away), since no one is making money off your use of the idea. The law student can correct me if I'm wrong.
75.127.71.73 12:34, 20 August 2009 (MDT)[edit]
Technically not correct, assuming it is trademarked (it might not be), however, they are unlikely to sue without sending a Cease and Desist first, and the fact you're not making any monet of it will make damages smaller. Nonetheless, try to look whether they have a policy for fan created products, and if they do, follow it.
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