Newsgroups: rec.arts.int-fiction
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From: jrs@netcom.com (John Switzer)
Subject: Re: Copyrighted characters in adventures
Message-ID: <jrsCoqpo1.IME@netcom.com>
Organization: Netcom Online Communications Services (408-241-9760 login: guest)
References: <1994Apr22.113740.4946@vax1.mankato.msus.edu>
Date: Sun, 24 Apr 1994 01:33:36 GMT
Lines: 28

In article <1994Apr22.113740.4946@vax1.mankato.msus.edu> bfa1225@vax1.mankato.msus.edu writes:
>
>
>  Hi, I have just started dabbling with various adventure game builders,
>and I have a legality question.  
>   If I use copyrighted character(s), what permission, if any , do I
>need to obtain?  These games would be freeware, btw.
> For instance, there is a game called Alice, created using AGT. 
>The author put "Based on characters by Lewis Carroll", but I didn't
>see any other notice.  If someone could clear this up, that would
>be great.  Thanks.

If the works that contain that character are *all* in the public domain,
then you *should* be okay. So, Sherlock Holmes, Ebeneezer Scrooge, 
and Ishmael are all safe. However, if 1) some of the original author's
works are still protected by copyright or 2) if the copyrights have 
been transferred to a new owner and have been kept up to date, then 
you're going to have trouble. For example, Fu Manchu is still under
protection because while the first book about him came out in 1916,
other books were released as late as the 1950s and Sax Rohmer's estate
signed over limited use permissions to Marvel Comics in the 70s. 

IOW, see a lawyer if you're serious about this.
-- 
John Switzer             | "For too long, those who play by the rules and
                         |  keep the faith have gotten the shaft, and those
CompuServe: 74076,1250   |  who cut corners and cut deals have been rewarded."
Internet: jrs@netcom.com |   -- Bill Clinton, 1992 Democratic Convention
