there is a legal fight
" derivative work"
you WILL win but you will spend over $1,000,000 USD doing so
In my case I shall wait to hear back from the CS Lewis Foundation.
Being the kind of person that I am, however, I am unlikely to continue with my map of Malacandra if there is anything at all hazy about the situation.
Free parchments | Free seamless textures | Battle tiles / floor patterns | Room 1024 - textures for CC3 | GUILD CITY INDEX
No one is ever a failure until they give up trying
there is a legal fight
" derivative work"
you WILL win but you will spend over $1,000,000 USD doing so
--- 90 seconds to Midnight ---
--------
--- Penguin power!!! ---
I wouldnt have thought that just because some elements of a work is copyright by them that they get an automatic entitlement to take any works that contain some of their copyrightable parts as their own. Ok you may cut a deal where they sue you because you used their work and as an out of court settlement you could agree that they use it. But I dont think that would be an automatic right of theirs.
I think the same applies to the story thing too. If you wrote a fan fic based on some other commercial thing then the parts of the fan fic that its based on is indeed the original authors. But the new story elements might well be copyrightable to the fan. I can easily see how an author would not want their options being culled as to the next book in the series by that.
Its obviously in the originial authors interest to have the masses chattering about your work. Most bands, authors and other artists survive on their loyal fans. Its insanity to tell everyone to not talk, write, sing or draw spin offs of it. I cant think of any example where a derivative entity took something from some original source and made it so successful that the originial source fades into obscurity.
So short question.... can I make a game of thrones map with my original art and sell as prints?
Having come from a 30+ year career of designing tabletop RPGs, I know that the whole copyright/IP issue is a tangled and complicated one. I was heavily involved in writing Cthulhu Mythos scenarios and books and found that although most of the original stories are not public domain (Lovecraft notwithstanding... and even some of his material is still questionable as far as public domain), the majority of authors and estates didn't much care if their material was used in RPGs. There was one author, however, who did take umbrage and threatened legal action (not against me but against the publisher, and I was in no way involved with any of it or this author's IP -- just for the record! And years later, in fact, this author and I became friends which is how I was privy to the inside legalities of what happened). Ultimately, that was solved with a little money and a seperate copyright notice of the author's specific IP whenever used. Said author also provided the company with a list of which of his creations they could use and which were unquestionably off-limits.
As far as mapping goes, I suppose there's a significant difference between something written and something visual, although copyright is copyright. Also, the popularity and finances (and thus legal power) behind an IP is something to keep in mind. And what the intent is. If you are creating something solely for yourself that no one else is going to see then I see no harm. Its when distribution or exhibit come into play that things get dicey. But I'm no lawyer, so these are just my personal musings.
I don't think any of us know the answer, Naima.
I'll let you know what happens to me with my wish to map Malacandra, which (apart from the fact that there aren't any existing maps that I can find, and that I don't want to sell it but can't guarantee its safety from someone else selling it against my wishes if I upload it anywhere just to show it to my friends) is otherwise an identical situation to yours.
It seems to me to be a bit of a gamble without clear and direct permission from the copyright owner. That's why I contacted the copyright owner and asked if I could have permission just to draw and show my map of Malacandra when your question raised the point for me.
Free parchments | Free seamless textures | Battle tiles / floor patterns | Room 1024 - textures for CC3 | GUILD CITY INDEX
No one is ever a failure until they give up trying
Yes, but you'd have no protection if A) someone stole your GoT based work and sold it, B) who ever owns the GoT IP came after you. So the risk is higher than just doing your own stuff. However with point A there isn't much you can do to protect your own work anyways, expect chase thieves around the internet going to site admins and forcing removal of your stolen work. And with point B they are extremely unlikely to come after you unless you are making bank, or really distorting their IP in a way they don't like and your stuff is popular enough to affect their brand.
for TGofT Names will be copyrighted !!! and likely also trademarked ( TM is a whole different royal f'ing mess of a can of worms )
a derived map ?
so NO PLACE NAMES
ScottDA
remember Tri Tac games and the old "call of Cthulhu"
--- 90 seconds to Midnight ---
--------
--- Penguin power!!! ---
So even if I was refused permission to make and show Malacandra I could make and show a similar map as 'a fantasy of Mars' without any tracks or places associated with the novel?
I wouldn't do it, myself, since everyone now knows exactly what its based on, whether or not I change its name and remove all the labels, but that's just 'me being me'
Free parchments | Free seamless textures | Battle tiles / floor patterns | Room 1024 - textures for CC3 | GUILD CITY INDEX
No one is ever a failure until they give up trying
How would everyone know exactly what its based on ? Or is that taken to mean everyone who reads this post ?