More questions about copyright/intellectual property

[bigbadbogie]

Hi,

I have a few more questions. I'm pretty sure that I already know the answers, but I want to make sure.

1) Do I need permission from other BZ2 mod-makers for using some elements of their stories in an actual 'sellable' game? In other words, is mod-content protected?

2) Would using the terms 'Olympian-Scion', 'Hercules Brigade' or 'EDF' be considered a violation of copyright?

3) Just how screwed would I be if I did these things anyway?

[General BlackDragon]

Depends on what "sellable" means.

Whatever it is, Air Control's done worse...

[Ded10c]

1) After cross-examining the license, it seems all mod content is technically owned by Activision. Asking the developers is a courtesy, but it'd be very rude not to.

2) Not EDF; that's used everywhere. The other two, possibly.

[MrTwosheds]

Maps created in the editor are Activision IP, much of the rest of the Mod would not be.
Most Mod content would only be protected up to Angry Words level, if that far.
If your aiming for sellable though, then you want to think about your own IP, you do not want it challenged for the sake of a few borrowed words or deficit of creative originality.

[Ded10c]

Maps created in the editor are Activision IP, much of the rest of the Mod would not be.

The license says in no uncertain terms that all "new game materials" belong to Activision. New Game Materials are defined as "computer data that modifies, substitutes for or adds new materials to the materials currently contained in the Product". That's fairly comprehensive.

The first sentence of the Ownership section does imply that only content created with the Level Editor is owned by Activision ("New Game Materials created by you using the Level Editor are owned by Activision"), but the next sentence goes on to say that any rights to your New Game Materials that you would normally retain are revoked by use of the editor, which completely overrides the previous condition.

Sorry, but I've cross-examined this until my eyes bled. There are ways around it, but it's pretty concrete.

[MrTwosheds]

But that would only apply while they are being used in Bz2. They cannot claim IP just because mesh builder once processed a certain model.

[Ded10c]

MSH is a proprietary format created by Pandemic. Anything that uses it could conceivably count as NGM for one of their games.

The point is that anything that first appears as part of a mod or is released in a format obviously intended to modify any of the three games can legally be claimed by Activision. That includes any BZN,
MSH, ODF, TRN or any file in one of BZ1's proprietary formats regardless of whether they're packaged in a mod, since those formats were created specifically for these games and would constitute NGM no matter how you release them.

[Cliffhangr13]

Words like Olympian Hadean Scion,NASA,Russia, Achilles. cant be copyrighted or IP these are histroic references older than copyright law itself..however craetign a unit that looks and functions like a BZ activision or Pandemeic unit and calling it by the same name could probably be easily argued in court to be a clone if it ever came down to it..but looking at the success of clones..I think the cloning game industry is pretty strong and you probably wouldn't have much to worry about unless you started making the big bucks or having so much success in popularity that it eclipsed the original games..then you might start getting calls form attorneys. SO many games by now would have open sourced and moved on to other projects by now..I think the only reason this franchise hasn't is because A) it has a hard core community of cultists who would probably hate to see it open source especially being that the tech is dated and already highly modable..no need for opening it really, B)Some of the original team members and developers adopted it as pet projects and probably wentr to bat objecting to any bastardization or monetization of its community..(why I wouldn't want any pay to use service like steam to own its rights and try to hunt down and squash any competative mods they didn't repo.) C)beyond A and B in its stock version its kind've abandonware unless or until its picked up and refranchised see example B. The IP holders must have been planning something though because it doesn't look like many attempts to actually distribute it as abandonware have survived or taken root..this tells me someone has thoroughly protected it from hackers and AW site promoters probably for more reasons than just posterity. I would just create an extensive user customizable successor project and redistribute the originals and their best canon friendly mods as backstory elements to the new clients.

[Ded10c]

It's not the words themselves but the combination of them in context - "Olympian Scion" is a pretty clear copy in the context of a cyborg in a sci-fi story.

There is a reason Bionite is its own IP with no terminological crossover with Battlezone, and it's not because we felt like it. For my part I've been quite strict on enforcing it too. A legal threat by a juggernaut like Activision or whoever is more than enough to kill a project like that.

[bigbadbogie]

I guess that any BZ remake or port would need to be freeware.

[Ded10c]

Unfortunately even freeware won't escape copyright laws. It's not as high on the radar but it'd still be infringement.

[Cliffhangr13]

Don't be afraid of courts...but don't be stupid either..if you have an original idea that is extensive, its better to develop it in a unique medium with unique terminologies. also.Don't put anything on a platform owned by another corporation unless your prepared to let it go to them..any legal issues will likely settle out of court before any real damage is done if u don't piss off the opposition..or..unless u get a pitbull opponent..if you want a project to survive threats of court battles then be prepared to make some compromises..If you got the dough to fight a court battle why not just make an offer to the franchise to buy or merge or integrate your project? I'm sure there are lots of people connected to this forum who have successfully integrated or got approved to do projects with the IP owners..when in doubt, get permission..and try to be original as much as possible anyway the more different your project is the more likely a judge or jury is going to throw out a case(you gotta ask them to though of course with legal precedents).

[bigbadbogie]

The reason why I really want/need to know this is that I am seriously considering making QF3 in Unreal Engine 4.

It wouldn't be called 'QF3', probably, but it would be a continuation of the story that I've written across the two QF mods.

I'd need to go back and change the entire history of Battlezone to something totally different in order to succeed...

...and be able to sell the game without ending up in prison.

It'd almost need to be a complete re-imagining of the Battlezone universe but with just enough common elements to be compatible with the previous QF mods without destroying the storyline.

[coxxon]

BBB - If you want to sell it, change it. I know BZII is (unfortunately) pretty obscure, but you don't want the appearance of the art/models, or characters to be tied to something that was owned (even temporarily through contract) by someone else. Besides you can market your stuff better, and come off as more original and creative if you don't have to worry about or make reference to your source of inspiration.

[Ded10c]

Do also bear in mind that the license you make BZ2 mods under is pretty restrictive. It looks very much like the QF story so far already belongs to Activision.