red black wrote:


If that's the case, you should retain an actual lawyer instead of asking the Internet.

Anybody who's qualified to answer even remotely definitively is unlikely to be hanging around this joint, and if they were, they'd certainly be smart enough to avoid giving away legal advice for free. That sort of thing can be dangerous for lawyers, which is why they usually start with "I'm a lawyer, but I'm not your lawyer...", when they start at all.

I never understand why people care, what do you want to do, make a copy of a game and take it out with you to show off to people, take it on chat shows etc. Do what you feel is right, what the hell do you care what some douchebags on the internet think. No one cares. I mean this in a friendly way, just so you know.

As Gary Sax said, you can't copyright game mechanics, only presentation (i.e.: artwork, nomenclature). It sounds strange, but I guess it's because if you could copyright *instructions* (what a game mechanic basically is), then it would be possible for someone to copyright the method of crossing the road, or something equally ridiculous.

So, making a copy of any game (not just OOP games) is perfectly legal, as long as you don't use the original artwork and nomenclature. Scanning and printing the original artwork, while *technically* illegal, it's also impossible to enforce (without putting a camera in every household), so no one gives a shit about it, unless you sell your home made copies, in large amounts, of currently in-print (or soon-to-be-reprinted) games.

wice wrote:


You can't copyright mechanics, but you can patent them. There's plenty of patents out there.

S.

It's not illegal. If you make your own art, make your own cards, all that, with DIFFERENT TEXT on the cards/boards, and name it something different, it's fine.

If you use the same words, it's theft.

Will anyone give a fuck if you're not trying to sell it? No.

Back in my game-designing days, I did a lot of prototype components, for playtesting and for the rare occasions that I actually submitted a game to a potential publisher. Prototypes are time-consuming to make, and only need to be functional since the game will definitely undergo revisions during the playtesting.

I eventually turned my prototyping skills to reviving OOP games. Since the game needs to be at least okay-looking before your average boardgamer will deign to try it, the process is even more time-consuming, and my results never looked 1/10 as good as something that I could buy. For example, my homebrew copy of Wiz-War doesn't look as good as even the first edition, let alone the FFG version, and I probably spent 6 hours and 60 bucks on dice, movement tokens, label paper, and cards.

Right now, I could buy the FFG version from Amazon for about a buck more, and it looks great. About the only advantage of my homebrew Wiz-War is that it has three times as many map tiles and can handle up to 12 players. However, Wiz-War can really bog down with a large group of players and is probably only good for up to six players.

I think the fact that the existing files for the Dune, MoV, Wiz War etc do-it-yourself versions are still available and haven't been taken down by BGG/FFG is an indication that it is either ok or nobody gives a shit.

Sagrilarus wrote:


Oh, I didn't know that. What exactly is the difference between patenting and copyrighting? Can you give an example of a patented game, and explain what it means that it's patented? Like, how many changes does one have to make to the rules to be able to sell it as a new game?

The probability of getting caught and/or being taken to court (either criminal or civil) is a factor because there is no specific law against making a copy of a board game for personal use. It would need to go to court and be decided on precedent thus setting new precedent. Therefore, it is legal to make a copy of board game for personal use until a judge decides it isn't. The probability of anyone being charged with copyright infringement for making a copy of a boardgame game for personal use is nil, therefore it is unlikely that it will ever be illegal.

By the way my cousin is a copyright attorney, who does discuss copyright law with me in a non-advisory capacity (like people talk about their work at family social gatherings, and it is always nice when some shows a sincere interest in what you do). Because most laws regarding copyright are non-specific, much of his job is advising his clients who want to do some specific thing on the probability that they will receive a cease and desist notice for doing that thing, and the probability they will end up in court.

The nerdiest thing my cousin ever got to do was meet with Gerry Anderson, the creator of Supermarionation, regarding permission to produce a commercial in the style of Supermarionation.

Sag, that's quite a stretch. For instance, you can get a patent on the mechaincs (meaning MECHANICAL BITS) in an Attacktix game or something, but you can't patent the "concepts" of how a game is played very easily.

WICE: Attacktix is a patented game: starwarsattacktix.blogspot.com/2005/04/attacktix-patent.html

Patents are generally reserved for devices or inventions. You can patent a physical object, or an intellectual property such as a novel algorithm for compressing data in an unique way. It would be very hard to get a patent on, say, the die-rolling combat mechanic in Risk or something.

BUT, it's not unheard of: www.google.com/patents?id=aiIDAAAAEBAJ&pg=PA6&dq=board+game+method+of+playing&hl=en&sa=X&ei=TQR_T7KzHYGu8QTap_nEBw&ved=0CDQQ6AEwAA#v=onepage&q=board%20game%20method%20of%20playing&f=false

Copyrights are for original works of art, literature, music...that sort of thing.

Here's a quick synopsis:
www.lawmart.com/forms/difference.htm

Also, Copyrights exist naturally from the moment something is created. You can register them with the copyright authority in your country, but in the US, the moment you write something on a piece of paper, you are the sole owner (unless you're doing it in the course of your work for a company, in which case that's stickier).

Patents can be applied for, it takes YEARS to get one, and you cannot patent something that anyone knows about publicly. The moment you tell ANYONE PUBLICLY about your invention, it is immediately disqualified for a patent, in almost all cases. SO, if you want to patent something and need to talk to someone about it, get an NDA or other confidentiality agreement in place or you limit your legal protections.