[comp.sys.mac.programmer] Copyright question

dxandy@cs.widener.edu (Andrew J. Greenshields N3IGS) (06/22/91)

  I would like to write a program based on an existing board game.  In the 
game's instructions it states 'all copyrights reserved'.  Does this mean that
if I write a computer version of the game I may find myself in legal trouble?

  If I choose to write a game that is based on an existing board game, but
not entirely like it, does that abrogate the copyright laws?

Thanks.      


-- 
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emmayche@dhw68k.cts.com (Mark Hartman) (06/25/91)

In article <X05=7WP@cs.widener.edu> dxandy@cs.widener.edu (Andrew J. Greenshields N3IGS) writes:
>
>  I would like to write a program based on an existing board game.  In the 
>game's instructions it states 'all copyrights reserved'.  Does this mean that
>if I write a computer version of the game I may find myself in legal trouble?
>
>  If I choose to write a game that is based on an existing board game, but
>not entirely like it, does that abrogate the copyright laws?
>
>Thanks.      

Disclaimer: I'm not an attorney, but I've had to deal with stuff like this many
times.  Before putting what I tell you into practice, I advise you to check with
a real live attorney.

Now that that's over with:

If you own a copy of a board game, and write a computerized version of it, two
things have happened.  First, you have used a section of the copyright laws
called "fair use"; this is the same section that says that it's perfectly all
right to make a cassette copy of a music CD for use in the car, SO LONG AS I
DON'T REDISTRIBUTE IT.  Second, you have created an original computer program
(and have thus received an automatic copyright FOR THE CODE ONLY) which is also
a derivitive work, based upon another copyrighted work (the board game).  Since
this derivitive status exists, the copyright holder of the original work has
substantial rights (based upon intellectual property) to any redistribution of
the computer game; however, the computer game remains your property and you can
use it at home without fear.

Many game manufacturers are open to royalty arrangements; some will even market
it for you.  However, DON'T make the mistake of distributing the game - even in
freeware status - without making sure that the copyright issues (which in this
case are very real) are taken care of.  It can be very damaging to your bank
balance.
-- 
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