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Copyright

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75 comments, last by N1njaSt0rm 7 years, 10 months ago
For now i am not interested in trademark only copyright is my concern
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You are likely to have a lot of problems with trademark law, even if you avoid copyright problems by changing all the text, images, etc. You might not care about that, but it's just as much of a legal problem and just as likely to get you a cease and desist letter. And Games Workshop send out a lot of those.

About a game company- there are three of them: THQ Relic Games workshop And THQ ownes the EULA Games workshop has made the game. You may gues what game I am talking about. So what company should I ask for permission?

Ah. No, you will not be getting permission to make a Warhammer 40,000 clone.

If you try it without permission, you will get your online content taken down. (Search for "Warhammer 40K takedown notice" for all kinds of stories where people hate that their fan content was removed by legal action.)

As Kylotan wrote, you will not get permission for this property on your own. If you were representing a multinational game development company with a few billion dollars in assets then MAYBE you might be able to negotiate permission for the company to build those products. That permission would come with a multi-million dollar price tag (you paying them) and several major contracts.

The companies involved vigorously protect their products. You can expect to get a Cease and Desist order and other legal demands the moment they learn it is available.

Don't go there. Be creative and do something new.

Ah. No, you will not be getting permission to make a Warhammer 40,000 clone.

I dont want to clone Warhammer 40,000.

I think by cloning you mean literally copy something from the game.

As I said before my movie have nothing to do with the game; at least first one.

Let me explain how did I come to idea of making that movie.

For those who played Warhammer 40,000 Dawn of War - gues this is the first game that appeared in Warhammer 40 000 series, you must know how the story begins in the game.

When you start playing, humans (imperial guard and space marines) are already at war with Orcs and it seems that they are at war for a long time.

In my opinion this cannot be the begining of the story, I want to know what happend before the first mission, I have searched through internet for hours about Warhammer 40k DOW story and I didn't find anything about how did humans got to this planet, how did they and why are they met Orcs, how did their first battle actually looked like...

there is nothing about how everything started.

So I have came to my own idea how everything started, and I want to make a movie from that idea.

I think that there must be no conflicts between game and movie because the exact begining of the story is mentioned nowhere (I mean the answer to those questions aren't mentioned.)

I don't want to clone the game and btw I have no money to even buy equipment to make the movie right now but maybe in a few years I will be able to afford some money to buy an equipment.

in fact I didnt yet write a screenplay for the movie.

For now I have an idea how everything started (my own idea), and I want to turn it into a movie.

this idea have nothing to do with the game itself apart from one race name (Orcs)

besides everything that happens in game happens in 40th millenium wich means 40 000 years A.D.

everything that happens in movie happens in 2250. A.D.

I just want to be sure if everything is legal before I start making anything.

So I have came to my own idea how everything started, and I want to make a movie from that idea.

But you want to use parts of the intellectual property of the Warhammer series, either directly or via derivative works. This is not legal.

I just want to be sure if everything is legal before I start making anything.

It's not.

ok wich parts? as I said there will be no parts used from the game.

I have came to idea how everithing started and there is nowhere in the game mentioned how exactly everything started; that is why I have came to my own idea.

Only thing in movie are Orcs - as Tom Sloper said before that word is generic term and as far as I know there is dozens of movies and games using "Orc" as the name of one race.

and I think there should be no problem by adding a green primitive race to a movie and call them Orcs.

in the first movie nothing is used from the game apart from Orcs as a race and another race is humans and I wont give them name like imperial guard or space marines.

they wont even look like space marines or imperial guard.

now wich parts did you mean I repeat that nothing is used from the game.

It is fine to make a game about orcs. Just don't make them Tolkien Orcs, or Warcraft Orcs, or Warhammer Orcs or Game Of Thrones Orcs, or Elder Scrolls Orcs.

Generic muscled green ugly creature is fine.

But the moment you steal names of people or places or things from a book or movie or game, or steal plot lines, or steal world elements, or anything AT ALL that is recognizable, you've got a derivative work.

In the music world, after one famous composition of silence all the people who used extended silence were shut down on copyright claims. Music has been shut down for using just three chords in a specific progression.

Books have had their ownership revoked and rights (and money) transferred because judges felt they were too similar to another work and were derivative.

The professional games world usually settles before judgement, but there have been game developers that have been sued for infringement which ended up destroying studios.

Don't be lazy about it. Don't use other people's stuff. Be creative and make something UNIQUELY your own. Don't base it on anyone else's story, that's their story. Don't base it on someone else's games. Don't base it on their worlds, that is theirs. Make your own story, make your own worlds, make your own games.

Ok so I may use Orcs for my movie.

nothing else was not taken from the game.

so this is the short story:

current year is 2250 NSA found way to travell 4x faster than light speed and the US guverment want to use that discovery to colonize other planets and they have already choose the target.

Planet that may contain live on it.

they have built the starship and 2 000 volontiers signed that tey want to be first travellers.

there was fully equiped military escort for those people and scientists are also came to research.

six years later they landed on planet and they encounter another human race that lives on the planet.

they are threaten by Orcs that literally hunt them.

meanwhile orcs captured few team members and villagers and they take them into near jungle.

this movie tells a story about military rescue operation on that planet.

(rescue the captured people and free them from Orcs)

no one from earth that came to an expedition to that planet didn't really know about orcs.

I think that this idea how everythink started have no cnflicts with the game.

Copyright grants its holder two broad categories of rights. The first is essentially a government-granted monopoly to the creator of an original work for the exclusive right to distribute it -- the holder is the only one who can publish, reproduce, perform, display or export the work, and is the only one who can license or sell those rights to a third party. The second right is the exclusive right to create derivative works -- only they can produce sequels, prequels, side-stories, etc. using the characters, settings, and the "universe" they've developed. Again, they can license or sell any of these rights individually, or altogether, but they are not free for the taking.

Keep in mind that these are matters of civil law, and the standard for proof of infringement is something like "would the similarities lead the average consumer to believe that these films are drawn from the same pot as the games" -- if the answer is yes, you would be found to be infringing. That means you must avoid even the appearance of continuity between your story and theirs (by which I mean logical continuity, not literal continuity) -- you certainly cannot imply continuity, much less claim it outright.

So, you can create your film epic using the framework of what you've been inspired by, but you'd need to strip off any features readily-identifiable as being taken from that creative universe. There's also the matter of context -- Orcs are a general enough concept, war between races of men and monsters is general enough, but put together in culmination towards something that looks an awful lot like the warhammer universe, is hard to argue that its mere coincidence, even if you don't use specific characters or places.

A good rule of thumb is to avoid riding on the properties coat-tails. If the thing you're doing doesn't make sense without the other properties existence, or wouldn't be viable without an implied relationship between them, then you're riding their coat-tails and there is only the barest of chances that you're not infringing.

Another good rule of thumb is that you should always consult a lawyer if its not 100% obvious that what you want to do is safe; and that even if it is you should still consult a lawyer to make sure you're doing it right for your own protection.

Standard disclaimer -- I am not a lawyer, neither are most people here. Even if they are, they are not your lawyer. None of what's here constitutes legal advice.

throw table_exception("(? ???)? ? ???");

I know that most of you are not lawyers and you are all just normall people like me.

However you (at least most of you) live in US, and I don't.

because I am from another country where all general Laws not just copyright are far more different than in US.

and game of Warhammer 40k DOW is made in US I am asking you about everything that I should take in mind before starting making anything based on already existing story or idea that is expansion to that story wich is my case.

like I said before I can't just contact lawyer in my country because laws are different and He can tell me only about laws in my own country.

If I am being sued for crime I gues I will be judged by US laws not laws in my country.

So, thats why I am asking you about everything laws included so that I make sure that whatever I am doing is legal in US as well as in my country.

now I know that I can't even write a movie based on my own idea about how everything started because that would offend those companies even if I don't use same stuff as they did.

I wont mention anything or anyone, but I know about case when someone did exactly what I want to do just on another game, thats also give me opportunity to make my own movie that is not directly based upon game but it is based upon Idea of my own how the story begins.

but before doing so I want to be sure that its legal not just in my country but in US.

I found this forum about law and I asked my question.

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