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Originally Posted by Blue_Centurion
You gotta create fresh new stuff. AND you need to register it first.
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That would depend where you do the creation.
In the UK copyright is automatic unlike trademarks and patents there is no need to register it.
Things can get more complicated if you create something whilst working for someone else, using their tools and/or time in which case you may be considered to be acting as their agent and the copyright in such a case may belong in part or completely with the employer.
A similar situation may be the case here where the character is created within the context of the game.
If on the other hand you own the copyright prior to creating the character (probably not easy as the character is created within the game rather than being imported in to it) you would retain that copyright but may give up certain exclusive rights as defined in the EULA.
Other forms of IP would be easier to maintain ownership of.
The best option is to consult a lawyer beforehand and then agree a contract with NCSoft making it clear who owns what IP and what each party may do with it. Once you have that in place it will be much easier to proceed.
Mind of Gaia lvl 50 Defiant's first Mind/Storm 'troller.
Deadly Doc 50 Dark/Dark Corr
and lots more on Pinnacle,Union and Defiant
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Jim has a habit of rattling that particular cage. Tho I honestly haven't seen him logged in in *ages*. As to rumors of any particular characters having CoX 'avatars', I will neither confirm nor deny. |
Originally Posted by seebs
There's wording saying that you grant them ownership insofar as that's legally enforceable. Which may be a little, a lot, or not at all. I would not recommend trying it. (Note also the complete lack of clear protections for your own copyrights. And note the rumors that Jim Butcher has a Thugs mastermind named Johnny Marcone.)
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Okay, lets boil this down to brass tacks. Say you're some clever comic writer and illustrator. You get an idea for a new character. You do some doodling, you write some ideas down. Then, while you work on your storyboards you decide to go to CoH. You create your character, as close as you can. You name him exactly as in your comic. You include the backstory. You run him for 3-4 months as you write your comic. You engage in costume contests regular, you team, you have fun.
When you have your comic ready you go to XYZ graphic novels and pitch your idea. They get back to you in a week. They would love to publish your stuff, but somebody at ABC comics just published almost the exact same character and story, even with that name! Because it seems you inspired someone in one of the first costume contest you did. Maybe even the person running it, who was looking for an idea for their graphic novel. And they published first.
So, DO NOT put your stuff onto CoH until you OWN it. Period. Or risk not owning it, in a big way.
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Copyright is fairly automatic in the USA as well, as I recall. Registering a copy right can make it easier to defend, however.
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Originally Posted by Gaia
That would depend where you do the creation.
In the UK copyright is automatic unlike trademarks and patents there is no need to register it. Things can get more complicated if you create something whilst working for someone else, using their tools and/or time in which case you may be considered to be acting as their agent and the copyright in such a case may belong in part or completely with the employer. A similar situation may be the case here where the character is created within the context of the game. |
Orc&Pie No.53230 There is an orc, and somehow, he got a pie. And you are hungry.
www.repeat-offenders.net
Negaduck: I see you found the crumb. I knew you'd never notice the huge flag.
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Have you ever heard of the United States Navy?|
Originally Posted by Rajani Isa
Copyright is fairly automatic in the USA as well, as I recall. Registering a copy right can make it easier to defend, however.
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Have you heard about US Navy Seals?
Do you know who Seal team #6 is?
If so, stand back and be amazed.
Disney trademarked Seal team #6 a few months ago so they could do an animated project with it. the Navy immediately pushed back, but they have a mediocre argument under US law. Just because, i dont know, you make up an entire Navy, and an entire Special Forces section of that military, and run that for decades equals SQUAT under US law.
So, if you think you got a better case than the US Navy and Seal team 6, no need to register anything. I'm sure all the other studios and animators, and publishers will respect your talent and obvious ownership of your intellectual properties. Be well.
So if I make and name a character of a pet that I own, making it the same color, same markings and it really resembles my pet. NCsoft now owns my pet and can come after me if my pet wins in a showing with a monetary prize? Pictures of my pet will be everywhere for the win. Silly example I know, but perhaps possible.
Other question for clarification (all this legal talk makes my head spin), I can use my characters names for profit as long as they look (a little?) different. I wouldn't use the costume of course, but the skin color tone is the same and has the same style mustache, NCsoft can come after me? What if I use a face on a new toon I create (not ever on CoH) that is the same without my knowledge? With all the creator options to change body parts, how do I know?
Where is the line?
If I use a CoH made charater just for personal awesome memories, they don't care?
I think of all the videos people have made and posted over the years. If a part of one gets used in a commercial or whatever, without the persons knowledge, NCsoft will be after you?
Sorry for the wall of text, and the questions. I'm just trying to understand.
Cheers!
MT
thought better of this and deleted post.
My last post here. Look, we all live in "Free World" countries. Whether USA, or the European community, or S. America, but some "Free country" What is treasured in the USA and all of these places is the idea of individual success, creativity, and ability to succeed on ones own merits.
Individual success is a possibility, but it is not "free." You gotta fight for it. Much like a winning a Incarnate trial in the city, if you plan ahead your chances of success go way up.
You want your "Character Ownership" protected? Protect it. the guy who wrote Harry Dresden stuff is a celebrity in the cities, and he plays Harry Dresden. (Or so I'm told, havent had the honor myself of playing with him) His character is fully protected. Because he locked it all in BEFORE he started playing the character in the city. There is even a rumor that he had to prove who he was to be able to play the character, thats how protective CoH is of other peoples REGISTERED brands. So, you want to own your work? Be smart, own it! Do not leave your stuff out in a public area without your name on it and be shocked someone xeroed it while you went to get coffee. OR outright took it.
If you want to be an avant-garde bohemian artiste with no care for ownership "issues". Way cool. But don't expect to turn around 6 months later and go "I created all that stuff so now I need to register it." Sorry brother, you been hanging at the cafes sharing all your deepest inspiration with bohemian absinthe drinkers and hooka smokers. I hope your creative batteries got recharged, because that stuff is all "public domain" and shareable by all the other Bohemians. You gotta create fresh new stuff. AND you need to register it first. Then let the Bohemians see it, if they like it they'll buy the posters and action figures and books to decorate their dens of iniquity.