Copyright Issues and WotC

Stargate525 · October 08, 2007, 08:45:38 PM

Ishy, I want this in the terms of use.

[ic]We, The CBG, so solemnly swear not to steal your shit. Honest. [/ic]

Ishmayl-Retired · October 08, 2007, 08:53:16 PM

Done!

Eclipse · October 08, 2007, 08:53:50 PM

Honestly? This is why I /never/ post anything mechanical with any sort of backstory attached to it. Granted, I mainly use M&M, and Green Ronin seems like they'd be more likely to hire you than steal from you, but I don't take any chances. When/if I ever do a DnD setting again, NOTHING is going to be mechanical that's my own creation.

Edit: Read the whole thread, and dear lord, there's some shady crap going on. I'd threaten to stop buying WOTC products, but since I did that long ago...

Knight of Ravens · October 08, 2007, 08:57:13 PM

Quote from: EclipseHonestly? This is why I /never/ post anything mechanical with any sort of backstory attached to it. Granted, I mainly use M&M, and Green Ronin seems like they'd be more likely to hire you than steal from you, but I don't take any chances. When/if I ever do a DnD setting again, NOTHING is going to be mechanical that's my own creation.

And despite my experience, I'd rather not personally. Yeah, someone could take what I've built, but if I don't show it at all (and those that know me can speak of how constantly I'm at this sort of work behind the scenes) then I'm the only dubious benficiary. Given that I don't get to play as often as I wish, that's sort of a downer, really. So ultimately I can't help it.

Eclipse · October 08, 2007, 09:02:26 PM

Quote from: Knight of Ravens
Quote from: EclipseHonestly? This is why I /never/ post anything mechanical with any sort of backstory attached to it. Granted, I mainly use M&M, and Green Ronin seems like they'd be more likely to hire you than steal from you, but I don't take any chances. When/if I ever do a DnD setting again, NOTHING is going to be mechanical that's my own creation.

And despite my experience, I'd rather not personally. Yeah, someone could take what I've built, but if I don't show it at all (and those that know me can speak of how constantly I'm at this sort of work behind the scenes) then I'm the only dubious benficiary. Given that I don't get to play as often as I wish, that's sort of a downer, really. So ultimately I can't help it.

If you're going to use mechanical stuff, you gotta protect it.

Here's what you do: Put the complete OGL in your sig.
State what OGL content sources you draw from.
State that none of the above text is OGC unless it is specifically said to be so.
Put everything mechanical in a seperate post and lable that post OGC.
Make sure to stipulate that you do not claim PI to anything that is PI by WOTC, and that you are using the information you post in a fully non-profit capacity.
Don't post over at WOTC.

That should sufficently cover your ass.

EDIT:
[ooc]Disclaimer: This is not meant as accurate legal advice, and this poster is not a legal professional. Seek legal council if any attempt at profit is made, and this user is not responsible if any legal action is taken against you. In fact, this user is fairly drunk right now, so any information here should be reviewed by someone sober at the very least.[/ooc]

:P

Knight of Ravens · October 08, 2007, 09:14:11 PM

Hmmm, an affidavit and a half I see. Thanks.

The last part about posting at WotC need not be said, however.

Eclipse · October 08, 2007, 09:15:27 PM

Quote from: Knight of RavensHmmm, an affidavit and a half I see. Thanks.

The last part about posting at WotC need not be said, however.

I figured it'd be redundant, but also thought I should be thorough.

Spirit Hawkfellow · October 09, 2007, 01:56:10 AM

Hey everybody just hearing about, the copyright issue. My whole thing is this, if you post anything on wizards site with out a copyright they are free to use it. For Legendary Arcanum aka The grand realm, I officially own the copy right to everything within so stated by the library of congress ,and the thirty dollars I laid down for those rights, and wizards would indeed have to ask my permission to reprint anything I see fit to allow them to use except their official stuff. Just because you place something on their site still doesn't give them the right to use it. But then you should have the official copyright of your work before you place it anywhere. It only thirty dollars, or a little more, it will come in handy while protecting your intellectual properties. These intellectual properties could be worth millions of dollars, at some time in the near future.

QuoteKeep on the Shadowfell

A D&D adventure for characters of levels 1-3.

The town of Winterhaven stands watch over a ruined keep that was once a bastion of good in the realm. This keep overlooks the Shadow Rift, a dark scar in the world that was once a gateway to the Shadowfell but has been dormant for many years. Now, an evil cleric of Orcus, Demon Lord of the Undead, seeks to re-open the gate, and the only thing standing in his way is a small yet determined band of heroes from Winterhaven.

Keep on the Shadowfell is an exciting Dungeons & Dragons adventure designed for characters of levels 1-3. It includes three double-sided poster maps suitable for use with D&D miniatures, as well as information on the town of Winterhaven and environs.

This sounds like a adventure my friend is running in his forgotten realms campaign. lol

The one thing I will tell everybody for sure is get it copy written officially. And if wizards think they could do this with out my knowledge, for sure the lawyers would be called out.

sparkletwist · October 09, 2007, 05:20:07 PM

Quote from: Let's take a closer look:hereby irrevocably grant to Wizards, its affiliates and sublicensees, a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content

You are not forfeiting copyright, merely granting them a terribly (terribly!) permissive license. You still own the copyright-- technically, and all that. They're just licensed to do whatever they want with it. You could sue, but you'd lose.

Best to just avoid their site if you're concerned. :)

khyron1144 · October 16, 2007, 07:51:46 PM

Way back when I was in my junior year of high school (I graduated in the year 2000), I managed to get out of a good chunk of classes one day by going to a webdesign workshop.
One thing that I remember is to be careful of free website providers, like Geocities because they often claim copyright to anything posted by users.

I've pretty much always assumed that this rules is in effect, especially on company message boards. If I post a monster on WotC's D&D monsters board I expect that they have the right to it for publication in a book or whatever. I also expect that for the most part, they won't bother because it's crappy fan-made material anyway.

snakefing · October 18, 2007, 03:46:57 PM

Quote from: WotC policyhereby irrevocably grant to Wizards, its affiliates and sublicensees, a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content

As far as I can tell, there's nothing here inconsistent with the Creative Commons license terms. If for some reason I felt compelled to post stuff at WotC, I'd attach a CC license -- if I have to give that license to WotC, I might as well give it to everyone.

Raelifin · October 18, 2007, 06:37:31 PM

Good plan--except that you can't CC d20 material or anything with WotC product identity (Yuan-Ti, Beholders, etc.).

But yes, you can CC non-d20, non-PI material and then post it there.

Epic Meepo · October 18, 2007, 07:03:42 PM

Of course, everyone knows that Wizards have never stolen anything.

On an entirely unrelated note, witches stole my socks!

SDragon · October 18, 2007, 11:16:17 PM

Quote from: RaelifinThis is what really makes me mad about the whole thing. Notice that in the code of conduct it mentions that you must abide by the "Website Terms of Use"? Note that it doesn't link to it! They make you sign a contract saying that you agree to another contract which you don't see!

Quote from: http://ww2.wizards.com/Company/Misc/Index.aspx?doc=websitelegalnoticeTHIS[/url].

I'm no expert at legalese, but the way they use the word "exploit" seems as if they're acknowledging that they're mistreating content-posting members. Am I reading that properly, or is there something I'm misunderstanding?

And if this was just to cover their asses over coincidentally similar material, then they could easily include a clause stating something along the lines of "in agreeing to this contract, you accept that any similarities between official Wizards of the Coast material and any user content is purely coincidental, excepting any further agreement made between Wizards of the Coast and the submitting user." Granted, that could be easily minipulated to have more-or-less the same effect, but I would think that it gives them that much less room for direct theft.

Spirit Hawkfellow · October 19, 2007, 02:13:07 AM

wizards legalise

QuoteBy posting or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such User-submitted content, collectively, "User Content") to or through a Site, including without limitation on any User profile page, you hereby irrevocably grant to Wizards, its affiliates and sublicensees, a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Copywrite infringement info from wikipedia

QuoteTo avoid infringement claims, the right to make use of a copyrighted work can be acquired through an explicit contract or license with the author or publisher, through purchasing a lawful copy (which may provide a number of rights to the purchaser, as under the first-sale doctrine), and for certain types of media, statutory licenses (such as for reproducing and recording musical works under U.S. copyright law). Even without going through such channels to get prior authorization for use of the copyrighted material, doctrines such as fair use or fair dealing may provide potentially broad defenses to infringement claims. The failure of a copyright holder to bring a timely lawsuit against known infringers may later block such a claim by establishing an implied license, as may other acts or omissions that could informally signal consent to use the work

As seen above copywritten work can be aquired from the publisher or author. Now the question is Ishs work copywritten? and does who has the legal write.

My work is copy written, but it as also a derivative of fanstasy literature.

QuoteUntil the Berne Convention Implementation Act of 1988, the lack of a proper copyright notice would place an otherwise copyrightable work into the public domain, although for works published between January 1, 1978 and February 28, 1989, this could be prevented by registering the work with the Library of Congress within 5 years of publication. After March 1, 1989, an author's copyright in a work begins when it is fixed in a tangible form; neither publication nor registration is required, and a lack of a copyright notice does not place the work into the public domain.

If this is correct, then Ish work is then copywritten. The question comes to play, who had created said material first, Ish or Wotc, and then the question is how valid is the Wotc Legliase. This is where techincal law jargon come in. To use the copywritten work it must be and explicit contract of use. I'm not sure the wizard site is saying that. They are saying that they can use what ever you put down in there Forum,in any fashion, subventing copywritten law. Yet the copy written law states it must be a explicit contract of license, meaning they must notify you, as well as ask for permission. Now it a legal matter to figure out what part of the law is important. The copy write stature as written or Wizards legalise.

Before it was said why bother pushing something like this if you were going to lose. My rebuttal to that would be if my work it worth a million dollars I would fight for it. I've had my work around since 1992, even before wizards forums and website, thus I have the copy write, the decisions would be up to the court of law to decide, and I'm sure there would be a chance of winning. Dungeons and Dragons itself is a derivative of other genres, and how many time has a company put something out realizing it was out there and not paying or giving tribute to the true creator, of said material, and have it come back to bite them.

Ish should make the move to at least seek consul and perhaps issue a Cease-and-desist action that can be written by a lawyer, in order to find out if that is what happening.

Ish don't say owe shucks that the way it goes. If you think wizards is stealing your stuff, then go after them.

The Campaign Builder's Guild

News:

Copyright Issues and WotC

Stargate525

Ishmayl-Retired

Eclipse

Knight of Ravens

Eclipse

Knight of Ravens

Eclipse

Spirit Hawkfellow

sparkletwist

khyron1144

snakefing

Raelifin

Epic Meepo

SDragon

Spirit Hawkfellow