Inspiration

[altricaj]

What is the name of your state? Pennsylvania

I'm working on a game idea to sell. While the game mechanics don't relate to any other idea, I was thinking of making the artwork/theme similar to an old book I like. The book is in the public domain in the U.S, but is not overseas. I'm trying to make this easy on myself so I would like to be safe worldwide, but would like to use the theme if possible. Am I breaking copyright laws by using a similar theme? I should point out that the artwork is orginal, but based on the book.

example: Lets say I was making a game based on hunting whales (which I would never do). Could I use the same setting as Moby Dick, including artwork (new) based on descriptions from the book, and even a "White Whale" renamed something like the "Pale Whale"? What are the guidelines to all this?

Thanks for any input

 

[divgradcurl]

"book is in the public domain in the U.S, but is not overseas."

Are you sure about this? How did the book enter the public domain in the U.S.? If it entered through expiration of the copyright term, then it will certainly be in the public domain in any country that is a signatory to the Berne conventions -- and that is most developed countries.

If it entered the public domain through another avenue, then it is still possible for it to be covered by copyright in another country. When was the book published, and where do you plan on selling the rights?

"Am I breaking copyright laws by using a similar theme?"

Hard to say without all of the facts. In general, a theme, or idea, is not copyrightable -- only the expression of the idea is copyrightable. The classic example is that "boy meets girl" is not copyrightable, but "Romeo and Juliet" is copyrightable. So, in your hypo, "guy hunts whale" would certainly not be copyrightable, as it is just an idea or theme -- "guy hunts white whale" is still a theme, but is also contains a bit of "expression," so is a grey area. "Guy hunts pale whale" is again a grey area, but less likely to intrude on Melville's copyright because it's not a "white" whale, but a "pale" whale -- but it still may be close enough to make a lawsuit worthwhile... Factors will include how "close" your expression is to the original expression, whether or not you were ever exposed to the original expression, etc.

One more thing -- the more complicated the "theme", the more likely it is to be an expression, and not simply a them. "Guy hunts whale" is a theme. "Guy hunts whale and then goes crazy" is getting to the point of "too complicated," and is going from a theme to an expression of the theme.

In the Romeo and Juliet example above, "boy meets girl and parents aren't happy about it" is still just a theme, and I can create my own story based on the theme. Make one family the ruling family of Holland, throw in a suicide or two, and make my protagonist agonize over events in long soliloquy's, and its no longer a my "expression" of a general theme -- I've ripped off Shakepseare.

"I should point out that the artwork is orginal, but based on the book"

Same discussion as above.

If you are going to produce and market this yourself, spend a few bucks and talk with a lawyer experienced in copyright law. If you are planning on selling the idea as just an idea, let the buyer's lawyer's deal with it. Like in most facets of the law, there are no "bright line" tests here, where something is definitely good up to a point, then it becomes definitely bad.

 

[altricaj]

thanks for the insight

I don't want to repeat my post subject, but what the heck... thank you. While I'm still a bit unsure of where I stand, I think i'm getting a better understanding of what I'm up against.

Since I'm not going into details about my actual game design, I think i can shead some more light on the subject if it will help you understand my problem better.

I want to use "The War of the Worlds" as the backgroud to my game. It is in the public domain in th U.S., but the Family estate owns the rights with the E.U. and maybe other places. My game itself has nothing really to do with the book except that it envolves aliens invading earth at the turn of the cenury. I just thought that some of the images from the book are so interesting that I would run with some of the same themes (as almost an inside joke). The only thing I'm worried about are using walking machines and "black smoke". I would change the names (of course) and alter them from the descriptions.

I just think that anyone seeing walking alien machine at the turn of the 1900 would automatcially think "Hey! That's from War of the Worlds!". is that enough to get me in trouble?

Thanks again for your help.

 

[divgradcurl]

"It is in the public domain in th U.S., but the Family estate owns the rights with the E.U. and maybe other places."

Are the rights the estate owns copyright or trademark rights?

This is an interesting question that I don't know the answer to off of the top of my head, and I don't really have time to research right now. Obviously, if the estate still has EU protections, they can enforce them in the EU. The trouble is the U.S. -- if the estate still holds an EU copyright on the work, then under the Paris and Berne conventions, that EU copyright should be enforceable in the U.S. However, in the U.S., in order to sue someone for copyright infringement, you must have a registered U.S. copyright -- but you can't get register a U.S. copyright on a public domain work. So I don't know how this paradox resolves...

You could do some Google research on the web, or, better yet, talk with a lawyer. Or don't use the potentially infringing materials in your work...

 

[altricaj]

This seems a bit more confusing then I was hoping it would be. The War of the Worlds theme isn't required for my game, so maybe I'll just change things around a little bit more.

Thanks for all your help!