Uh, about turning OC's into heroes
By
Darkjedi,
Posted on: 2008-06-25 12:24 in Multi-Media Fan Creations
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Ok so I have an OC that I would like to make into a hero. But my question is this: If I make the character into a hero, does that make NCsoft own the character? Will i be punished if some day along the line I publish something based on the character? This is all hypothetical, but I was just wondering. I hope this isnt a stupid question xD.
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I'm not sure what an 'OC' is, but I presume from your question that you're talking about taking a character from outside the game and re-creating them in COH. I checked the EULA, and it seems that you'd be able to as long as your published character doesn't resemble the in-game textures. Also, if your character gets published and someone recognizes/reports you, you're likely to get their name removed in-game. This is what the EULA has to say;
"...(b) Rights in Content. The Customer acknowledges that the Publisher and its related providers of Game Content (Game Content Providers) have rights in their respective Game Content under copyright and other applicable laws, and that he accepts full responsibility and liability for his use of any Game Content in violation of any such rights. The Publisher and its related Game Content Providers grant to Customers the right to use the Game Content for non-commercial, personal purposes, including in connection with creating non-commercial fan fiction or fan web sites regarding the same. However, the Customer acknowledges and agrees that he shall not reproduce, prepare derivative works based upon, distribute, publicly perform, or transmit any Game Content for commercial uses without first obtaining the express written consent of the Publisher.
For clarification purposes only, derivative works based upon Game Content are works which are substantially similar, both in ideas and expression, to the Game Content. Similarity of ideas in the Game Content and derivative works concern similarities between things such as plot, theme, mood, setting, appearance, and character traits. Similarity of expression concerns the total concept and feel of the Game Content and the derivative works. Thus, if a work created by a Customer or someone other than the Publisher (or its related Game Content Providers) is likely to bring to mind the Game Content, then it is likely that such work is a derivative work of the Game Content, and as such may not be used for commercial purposes..."
OC typically refers to Original Character, which is to say a personal character.
To expand on this, I have a friend who has a published character and comic. He once tried to recreate his character in the game, but was reported for a copywrite violation and had his character genericized. He could not prove to NCSoft that he was indeed the creator of said character and thusly owned the rights to permit usage, so he just never bothered to try and fight it.
So while you're pretty safe with making your OC in the game engine, be aware that NCSoft basically owns that particular version of them, with the powers and costume included.
http://www.virtueverse.net/wiki/Massacre_Melanie -the original Fire/Dark Corruptor -
http://boards.cityofheroes.com/showthread.php?t=115217
The Guide to BURN
Ok thanks guys, that was exactly the way I needed to be answered! Now I just have to figure out how to best bring my OC over lol xD.... Once I get back home from this trip Im on...
Mind you, those EULA's are pretty much bunk in a court, so it's not like you have to worry that NCSoft's going to start publishing your character and point to that as ownership.
You've always got control over the delete character button, anyway. 
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Ok so I have an OC that I would like to make into a hero. But my question is this: If I make the character into a hero, does that make NCsoft own the character? Will i be punished if some day along the line I publish something based on the character? This is all hypothetical, but I was just wondering. I hope this isnt a stupid question xD.
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If you're serious about someday publishing this character, my advice to you is DON'T DO IT. It's simply not worth the potential legal hassle down the road. If you're even halfway creative, you can surely think up a half-dozen similar characters that you wouldn't mind jettisoning if it comes to that.
The Alt Alphabet ~ OPC: Other People's Characters ~ Terrific Screenshots of Cool ~ Superhero Fiction
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Mind you, those EULA's are pretty much bunk in a court...
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While a EULA isn't legally binding, it DOES give you a sense for what the company might perceive as an infraction, and when they might take action (even if that action is only to remove your name, or suspend your account).
My advice; don't bother re-creating the character in-game. It's not worth the (potential) problems.
My advice is that you read the EULA closely and attempt to understand it rather than depend entirely upon answers here.
That said, this is a much discussed topic, though it may be a sign of the game's age that it's been awhile.
In a nutshell - The EULA says that City of Heroes is NCSoft's intellectual property. Anything created in City of Heroes is likewise their property. By creating a hero in the game, you consent to give NCSoft full rights to use your hero in any way they see fit without further compensating you for that use.
For instance, if they took it into their heads to publish another novel or maybe a new expansion to the CCG and include your hero in some fashion, they have the right to do that without having to ask your permission. The character belongs to them.
Now, if you have your own "original character" as you put it, and you choose to recreate that character in City of Heroes, your character becomes subject to the EULA. In this case, the EULA can't take away your rights to the character, because it already belongs to you (assuming you can show in some fashion that you really had created and used the character before its appearance in City of Heroes). However, the EULA DOES still grant the rights to use the character however NCSoft sees fit without your consent. By creating the character in game, you essentially grant them an unlimited, albeit non-exclusive, license to your character.
Historically, it has yet to be a problem for anyone that I know about. All that NCSoft really wants is to avoid a situation where, say, they show your hero in a cameo in the comic book (which happened a lot) and you then turn around and sue them for compensation for unlicensed use of your intellecutal property. They really aren't interested in stealing our character from you.
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Mind you, those EULA's are pretty much bunk in a court...
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While a EULA isn't legally binding, it DOES give you a sense for what the company might perceive as an infraction, and when they might take action (even if that action is only to remove your name, or suspend your account).
My advice; don't bother re-creating the character in-game. It's not worth the (potential) problems.
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I'm just saying you're horribly paranoid, that's all. Why won't you accept that!?
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He could not prove to NCSoft that he was indeed the creator of said character and thusly owned the rights to permit usage, so he just never bothered to try and fight it.
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Not saying your friend didn't own his character, but I do want to point out that it doesn not alweays follow that the "creator of said character ... thusly owned the rights". Creators own the copyright at creation (and can apply for trademark/service mark status) but creators can sell or assign those rights away, in which case they may no longer be entitled to use the character even though they created it. It might seem nonsensical at first, but that's what the purchaser of thre rights is paying for. If I sell my book to Random House, I am not supposed to also publish it privately and compete with Random House's sales.
Sailboat
If we are to die, let us die like men. -- Patrick Cleburne
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The rule is that they must be loved. --Jayne Fynes-Clinton, Death of an Abandoned Dog
Ok so I have an OC that I would like to make into a hero. But my question is this: If I make the character into a hero, does that make NCsoft own the character? Will i be punished if some day along the line I publish something based on the character? This is all hypothetical, but I was just wondering. I hope this isnt a stupid question xD.