Copyright and IP rules regarding reproducing published maps electronically

[Darkechilde]

Hi there!

Can anyone direct me to the rules regarding reproducing maps and sharing them - more specifically, recreating a map published in print digitally from scratch, and then sharing that map freely?

For example, if I took a dungeon map from an old Dungeon magazine adventure, recreated it using CC2, and then shared it at no charge as a VTT map, with correct/appropriate credit for the original source - is that violating copyright laws or other intellectual property laws/rules? Is it "bad form" and/or rude to do so?

I've got several reasons for asking - mostly, if I go to the effort to create a map for my VTT gaming sessions, I'd like to share it, so other people with a copy of the adventure text (which I know is protected from reproductions, thanks) can use the map to run the adventure, as well. Or, maybe somebody likes the map and creates their own adventure using the map. As well, I've got a whole bunch of old maps that I acquired pre-internet (Wyrm Works maps, anyone?) that I'd like to recreate digitally.

Facts, opinions, guidance, and/or directions to resources would be much appreciated!

Thanks!

Bill

[Midgardsormr]

Obligatory declaration that I Am Not A Lawyer.

What you describe is definitely a violation of copyright unless there is a license present that says otherwise. Depending on the map's author and publisher, it may be possible to get permission to distribute an electronic version, but you would have to get a clearance for each map or collection individually, and it could be difficult to locate rightsholders for materials that are two decades old.

The actual creation of a digital version may fall within Fair Use in US copyright law if the intent is to convert material that you have legally purchased into a form that is more useful to you. Distributing the resulting digital copy is what would be disallowed. Use in a VTT, by a strict reading of the law, would probably be illegal since it is technically a broadcast of copyrighted material. What I would consider a more reasonable interpretation of the situation, though, would be that the VTT is a remote viewing environment, and the intent of data transmission is to permit a player at a remote location to view material that they would otherwise be able to see were they physically present.

There is another gray area surrounding "transformative use." I'm not sure how the actual law surrounding that reads, but if you were to do something along the lines of taking a classic-style blue dungeon map and make a new textured battle-mat style map with the same layout, you would probably be safe. The closer in style your digital recreation looks to the original, the closer you are to infringing.

Here is a recent case about transformative use of a photograph:
http://cases.justia.com/federal/appe...?ts=1411046866

[Gamerprinter]

I'm not a lawyer, either, but some game systems like Pathfinder RPG have a public use license to allow you to do what you are asking, even for published adventures, and especially for not-for-profit but most game companies do have a public use license. So you cannot do this for every game system. You need to check with every publisher's work you want to recreate. I recently created a commissioned map for E.N. Publishing, and asked permission to create player versions of the map (sans labels, traps, etc.), was given permission and being sold through my DrivethruRPG publisher account for $1. Most publishers say "no" so even that is an unlikely situation.

I think you're better off creating your own maps from scratch and not recreate other's published works.

[johnvanvliet]

The copyright maximalists have royally F'ed up everything for EVERYBODY
as an example
https://www.techdirt.com/articles/20...fringing.shtml
( source : http://www.hollywoodreporter.com/thr...ers-bid-877683 )

basically YOU!!!!! have to be sued FIRST for infringement
then IF you win the " fair use" after spending 1.5+ million you still spent 1 million $$$$$

basically you are FUBAR'ed

but there is I2P and Freenet and *.onion sites
and the NEW " Zero-net"
https://www.reddit.com/r/zeronet/
-- source code --
https://github.com/HelloZeroNet/ZeroNet

[TimPaul]

Copyright laws protects the owner of the copyright from derivative work. Taking someone's work, and making your own version of it, is a violation of copyright law.

Even if you are giving it away for free. Unless of course the company that owns the copyright doesn't mind people doing that.

I'm not a copyright lawyer. But I do have a copyright lawyer I hirer, who has answered this question for me before.

NOW, if you make a version for yourself, and use it. TECHNICALLY, it's a violation of copyright law. However, since they will never find out that you did it, then they can't not take legal issue with you.

So you are safe doing that. Just don't make it available for the public.

Sorry, I know you think you are doing a good thing. But the law does not see it that way.

Regardless of what people thing, the copyright laws actually are good and help artists. Providing they understand them.

[Gamerprinter]

I was talking about creating new maps of existing modules, not using someone else's work.

[johnvanvliet]

I was talking about creating new maps of existing modules, not using someone else's work.

then that would be a derivative work
BUT!!!!!
until you ARE !!! sued in court and YOU have a judge rule that you DID NOT infringe

there is NO WAY IN HELL ON EARTH YOU CAN KNOW YES OR NO !!!
that is how royally f'ed up the usa system is currently

[jpstod]

Anyone can sue anyone....

Now back to the subject.
I have been reproducing Paizo and WOTC with their Knowledge for years. Was told it was okay by them. Was told to Credit Original Cartographer

I have been advocating making Digital 1"=5' battle maps for years...they don't see a marketable need for High Res Battle maps.

If there was a 1"=5' already in existence I could see the problem.
If there was a Digital Version Available I would not reproduce.

[Midgardsormr]

I was talking about creating new maps of existing modules, not using someone else's work.

There is also some gray area on exactly what about a map is covered by copyright/IP protection. Place names are a certainty, assuming they are sufficiently unique to the setting. ("The Dark Wood" is too generic to be protected. "Paerish Swar," though, is not, even though it translates out of a fictional language as "Dark Wood".)

The particular arrangement of mountains and coastlines? Perhaps.

I took a bit of a risk with my recreation of the Wheel of Time map, relying on Jordan's generous fan fiction policy. Since it is reasonably likely that Elissa Mitchell merely licensed her painting to Tor for publication, it's possible she could sue me. On the other hand, she was probably working from a sketch made by Jordan, so… Murky.

In short, I reiterate my previous advice, along with Gamerprinter's: If you get permission, you're safe.

[TimPaul]

Anyone can sue anyone....

Now back to the subject.
I have been reproducing Paizo and WOTC with their Knowledge for years. Was told it was okay by them. Was told to Credit Original Cartographer

I have been advocating making Digital 1"=5' battle maps for years...they don't see a marketable need for High Res Battle maps.

If there was a 1"=5' already in existence I could see the problem.
If there was a Digital Version Available I would not reproduce.

Then you have permission, and aren't breaking the law.

Here's what all of you should realize about copyright law. There's no law department that will take it on themselves to investigate copyright infringement.

The owner of the copyright has to take action. If they don't, then you don't have to worry about some law enforcement coming and knocking on your door.