Can I publish a documentary book about an online game without permission?

[ScienceWriter]

Hello,

A couple of years ago, I wrote a documentary ebook (300+ pages) about a game that has existed for around 20 years. At that time, I just put it online for free, but I have since received a lot of positive feedback and I still do today. As a consequence, I have now been considering to update the book and to have it published (if any publisher is interested) and have it put up for sale. My question right now is if I can do this without permission of the games studio that created the game.


Here's some useful information that you would probably want to know:

-The games studio is located in the UK, but the book would be sold internationally.
-The book would not contain any logos that are property of the games studio.
-The book would have a disclaimer, stating that it is not affiliated with or endorsed by the games studio.
-The book is 100% documentary, so there is no fiction whatsoever.
-The book is as much facts-based as possible, with as little opinion as possible.
-^In a nutshell, the book is about the development of the game and its evolution over the decades.
-There's nothing in the book that could be considered libel (at least, as far as I can judge this).
-I would like the book to contain screenshots of the game. Would this be a problem?


Of course, all the above is under the assumption that I do not ask their permission. A few years ago when I released the ebook, they did give me permission to use the game's logo, but only because I wasn't charging anything for the book. At that time, in return for letting me use the logo, I had to sign a contract which stated that I could not sell the book or put it online for financial gain. This makes me think that they would probably not want me to publish it as a physical book for which people would have to pay.

That said, I will definitely ask their permission first if that would help, but in case they do not grant me that permission, I would like to know if I could still go ahead with this without it (I would not be using their logo this time). Furthermore, is there any way they could demand that all financial profits be donated to the games studio?

Any advice would be much appreciated.

Kind regards.

 

[Zigner]

If you do, then expect a lawsuit.

 

[quincy]

Hello,

A couple of years ago, I wrote a documentary ebook (300+ pages) about a game that has existed for around 20 years. At that time, I just put it online for free, but I have since received a lot of positive feedback and I still do today. As a consequence, I have now been considering to update the book and to have it published (if any publisher is interested) and have it put up for sale. My question right now is if I can do this without permission of the games studio that created the game.


Here's some useful information that you would probably want to know:

-The games studio is located in the UK, but the book would be sold internationally.
-The book would not contain any logos that are property of the games studio.
-The book would have a disclaimer, stating that it is not affiliated with or endorsed by the games studio.
-The book is 100% documentary, so there is no fiction whatsoever.
-The book is as much facts-based as possible, with as little opinion as possible.
-^In a nutshell, the book is about the development of the game and its evolution over the decades.
-There's nothing in the book that could be considered libel (at least, as far as I can judge this).
-I would like the book to contain screenshots of the game. Would this be a problem?


Of course, all the above is under the assumption that I do not ask their permission. A few years ago when I released the ebook, they did give me permission to use the game's logo, but only because I wasn't charging anything for the book. At that time, in return for letting me use the logo, I had to sign a contract which stated that I could not sell the book or put it online for financial gain. This makes me think that they would probably not want me to publish it as a physical book for which people would have to pay.

That said, I will definitely ask their permission first if that would help, but in case they do not grant me that permission, I would like to know if I could still go ahead with this without it (I would not be using their logo this time). Furthermore, is there any way they could demand that all financial profits be donated to the games studio?

Any advice would be much appreciated.

Kind regards.

You said the game studio is located in the UK. Where are you located?

I recommend you get permission to publish the book, whether permission is absolutely necessary or not. Although you are approaching the project in an intelligent manner so far, paying careful attention to the IP rights held by the studio, whenever you intend to profit off the rights-protected material of others, you run a risk. And it can be an extremely costly risk.

Again, I recommend you do not proceed with publication of your book without a written okay, and insurance enough to cover any lawsuit that might arise despite your best efforts to avoid one. Having a personal review by a publishing law professional is also wise.

 

[ScienceWriter]

Hello Quincy, thank you for your reply.

I am located in Belgium. If there are any serious risks of a lawsuit, then this not something I want to proceed with. I will check with the games studio and if they say "no", I will leave it at that.

I do still have two questions though:

1) I don't know anything about all this, so pardon my ignorance, but what exactly would be the issue(s) in this case? Just the fact that I would be selling this instead of offering it for free? Or also that it's not one of their official products? Or maybe even something else still?

2) There are documentaries about all sorts of things these days (e.g. buildings, people, organizations, etc.) How exactly do these authors deal with IP then? Is it probable that each of them requested and were given permission whenever necessary? I was under the impression since documentaries should be facts-based, that I would be fine as long as I stick to the facts, but that doesn't seem to be the case after all then.

Kind regards.

 

[The Occultist]

Unfortunately, since neither you nor the other company reside in the US, we cannot really assist you further as this website is for US law only (this is because nobody here knows the laws elsewhere). If the company were to sue you, they would need to do so in Belgium so it is your IP laws that would apply; as such, the best thing you can do is find an attorney local to you to get the advice you need.

 

[quincy]

Hello Quincy, thank you for your reply.

I am located in Belgium. If there are any serious risks of a lawsuit, then this not something I want to proceed with. I will check with the games studio and if they say "no", I will leave it at that.

I do still have two questions though:

1) I don't know anything about all this, so pardon my ignorance, but what exactly would be the issue(s) in this case? Just the fact that I would be selling this instead of offering it for free? Or also that it's not one of their official products? Or maybe even something else still?

2) There are documentaries about all sorts of things these days (e.g. buildings, people, organizations, etc.) How exactly do these authors deal with IP then? Is it probable that each of them requested and were given permission whenever necessary? I was under the impression since documentaries should be facts-based, that I would be fine as long as I stick to the facts, but that doesn't seem to be the case after all then.

Kind regards.

US laws are different from both the laws in Belgium and the laws in the UK, so you will want to consult with an attorney in your part of the world.

Documentaries can attract as many lawsuits as any other work can. Fact-selection, for just one thing, can slant a story in a way that upsets the ones about whom the story is told.

Most authors and filmmakers will get proper permissions when possible. This is not always possible so pros and cons must be weighed. These are easier to weigh with the help of a professional. You then have to decide how much risk you are comfortable taking to tell the story you want to tell.

Whenever you are working with the rights-protected material of others, there will always be risks. The best you will ever be able to do is reduce the risks as much as you can - and have insurance coverage to make a lawsuit less financially painful.

Good luck.

 

[ScienceWriter]

Okay, thanks a lot for your help!

 

[quincy]

Okay, thanks a lot for your help!

You're welcome, ScienceWriter.

We appreciate the thanks.

Good luck with your documentary.