I was wondering, as I am trying to improve my art I wanted to try to make a FR comic, making my own story and drawing the whole thing (even maybe base it off my session, as I am a DM). So my question is if I make it a public, free-comic online would it be copyright-ly okey? Or is it illegal, would I have a chance on getting sued or something?
-Garidas
((Sorry if this is in the wrong forum, wasn't sure where to put it))
I was wondering, as I am trying to improve my art I wanted to try to make a FR comic, making my own story and drawing the whole thing (even maybe base it off my session, as I am a DM). So my question is if I make it a public, free-comic online would it be copyright-ly okey? Or is it illegal, would I have a chance on getting sued or something?
-Garidas
Whether you're selling it or giving it away for free, distributing material containing someone else's IP without the IP owner's permission or authorization constitutes infringement violation.
IOW, get permission from WotC (preferably memorialized in writing) before you use thier Forgotten Realms IP in your product.
Unless you're doing a parody...
The problem is, a comic is BOTH fan-fiction and fan-art, so that 'might' be cutting too close to the bone, especially since they used to license DC comics to do FR.
Just don't try to sell it - the worst thing that will happen is they ask you nicely to stop.
You always get a warning first, before they whip their lawyers out. ;)
"But someone on the boards said it was okay" will NOT get you off the hook if you do get into trouble.
If you ask them permission, they HAVE TO say no, in order to protect their IP. If they allow someone to use their IP knowingly, then that sets a precedent, and anyone else may do so, citing the precedent, and we'd have a hundred different companies all developing products for FR.
The only way to do it is to keep it under the radar, so they won't have to admit they knew of your existance.
That means posting here was your first mistake. ;)
I may not be a lawyer, but I've won more then my share of lawsuits against them. :D
I was really hoping to use FR and put it up as a fan-fiction/art.The worst that can happen is they tell you to stop.
However, WotC normally turns a 'blind eye'
That doesn't mean they're blind.
I understand many fans have good intentions, but what good is that when you don't have courtesy for someone whose property (both physical and intellectual) you're going to use?
To say you want to "fly under their radar" will perceive deception on your part.
After seeing what happened to the Sarbreenar group (UK RPGA), the discussion that followed was VERY enlightening.
They became very large, had a very good web site, developed their own material (which they CHARGED for - BIG no-no), and held games at cons... the SAME cons WotC was at. IT got to the point where the WotC guys could no longer pretend they didn't exist. The Sarbreenar guys would walk over and invite the WotC people to participate!
Unfortunetly, they didn't realize the can of worms they opened.
If you allow one person to use your IP, and YOU ARE AWARE OF IT, you automatically give permission to EVERYONE across the board. Thats how Intellectual Properties work - if you don't work at protecting them, legally you are considered remiss and you lose your rights to control said property. Its called establishing a precedent.
Now, as long as WotC (or any company for that matter) can claim to NOT know you existed, then their property is still sancrisanct - even if they really did know that you were 'out there'. Once you have given them (and their competitors who are eagerly awaiting just such an event) NO way to say that, they loose their legal argument of deniability and their IP becomes 'public domain'.
You think WotC isn't aware of every single D&D site out there? Be real... they are just nice enough to look the other way.
Just NEVER, EVER give them that reason to stop being nice. Once you jeopardize company assets, the gloves come off and your toast.
And unless it is another large, ugly corporation, they will always tell you to 'cease and desist' first, because that is the very first question the Judge will ask when it goes to court.
DON'T let it go that far - stop when they tell you to stop, and everyone's happy.
You are all saying if one gains permission all gain permission to use the copyrighted product, right? So DC comics got the permission means all others get too? (I am just wondering about this now, I have stopped thinking about making the FR comic as I don't really want to take the chance of getting sued)
So my fan-fiction-comic would actually be a WotC Copyrighted Comic. So I would not get sued, I would get the honor for making a comic and ofcourse the training I was looking for and they have it Copyrighted to them, it is a win win, right?
If you allow one person to use your IP, and YOU ARE AWARE OF IT, you automatically give permission to EVERYONE across the board.
If by that you mean you have not taken any legal action to vigilantly protect your IP (in most cases, a trademark), then yeah.
So my fan-fiction-comic would actually be a WotC Copyrighted Comic. So I would not get sued, I would get the honor for making a comic and ofcourse the training I was looking for and they have it Copyrighted to them, it is a win win, right?
Again, make sure WotC is apprised of what you're doing. Even copyrighting your work to them without their knowledge would be an infringement of the company trademark.
DC Comics was a licencee - that means they paid for the useage and had a legal and binding contract with TSR.
You do not plan an paying for the IP in any way, and are asking them to just use it for FREE... once again establishing the precedent that THEY consider their IP worthless and ANYONE may develop for it.
Without legal documentation regarding the exact rules and restrictions the property is being used under - requiring mucho money and lawyers - it just AIN'T gonna happen.
Do your own comic - make it D&Dish, but not specifically FR; thats a win-win, because Fantasy RPG fans will still enjoy it, and you don't owe anyone a thing. ;)
Looking forward to reading it BTW, so keep us posted.
They WON'T give you permission, that was my whole point.
And since they're the IP owners, you must respect their wish.
EDIT: Seems I cannot even E-mail them as I can't get the e-mail address. Now I am going for my own comic fantasy world.
And since they're the IP owners, you must respect their wish.
Which is why I say to do whatever you want, until you are asked to stop. ;)
I'm in the construction business, and I can give you a hundred RW examples of how this applies - its always easier to just go ahead and do things and face the consequences, then trying to get permission from people who will keep you waiting for years and probably won't give it to you anyway.
Donald Trump's methods are a text-book example of this. Not saying it is the morally correct way to do things, but in business, it is the most efficient.
EDIT: Seems I cannot even E-mail them as I can't get the e-mail address. Now I am going for my own comic fantasy world.
Which I believe both Ranger and I have been trying to tell you, albeit from different perspectives.
You're not going to get permission, and you are WAY better off in the long-run doing your own thing, because if it becomes popular, YOU own it, not them.
BTW, I believe there is an official forum around for fan-based fiction, somewhere on this site. If you post your stuff there, it should be 100% legal, because WotC OWNS anything posted to this site. Of course, you lose control of your own art after that, but if your comic becomes popular, you may get asked to continue it as part of the DDi (Dungeons & Dragons Online), at which point you will be getting PAID for your efforts, which is always a good thing.
I would look into that if I were you - there is another just for art too, but I think the 'Author' one is more apt for a comic.
Which is why I say to do whatever you want, until you are asked to stop. ;)
Hope you don't apply that to physical properties as you would intellectual properties. :evillaugh
It took forever to remove the smell in my car left by my buddy and two bikini bimbos.
I would never apply my hard-learned professional life lessons to my personal life, otherwise I'd just hit women over the head like a caveman and take what I want....
like that Jelly Donut she was eating, for instance.
like that Jelly Donut she was eating, for instance.
Let's hope "Jelly Donut" is not a code-word for something disgusting. :evillaugh
No... I'm of sufficient age (and girth) where the donut is far more appealing then anything else she may offer... :P
Oh.
What you do with your donuts is none of my business. As long it is in a closed room, you can have your American Pie moment.
Are you insane?!
I'm let Fat Bastard from the Austin Powes movies -
"Get in ma belly!" :D