Navigating Copyright and Trademark Concerns in Creating a Computer RPG
As an individual with a passion for creating a computer Dungeons and Dragons (DD)-style role-playing game (RPG), you might have concerns about potential copyright and trademark infringement. Let's explore these issues and how you can ensure your game stands alone while still capturing the essence of the DD experience.
Understanding DD and Its Legal Framework
Some of the most insightful advice comes from Jeff Kesselman, who highlights the public domain nature of the D20 rules, available through the System Reference Document (SRD). However, beyond the use of these rules, the legal landscape for RPG development is more nuanced.
Game systems are typically not protected by copyright, which means you are free to develop your own mechanics based on the principles and concepts of a desired DD-style RPG experience. This is the key piece of advice for ensuring you do not fall into copyright infringement.
Creating Your Own Intellectual Property (IP)
The most crucial step in avoiding legal entanglements is to make your game distinctly your own. Focus on developing unique names, artwork, writing, and, most importantly, a world that is separate from existing IP. Your game should have its own characters, classes, races, monsters, and gods.
Instead of relying on existing content, use your understanding of probability math and RPG design to create a system that is yours. Copying mechanics directly from official sources like the Player's Handbook is a grey area and may lead to legal issues, so it's best to innovate and come up with your own methods.
Trademark Considerations
While game systems are not copyrightable, trademarks can be. Trademark protection applies to names, logos, and other brand identifiers. As long as you are not infringing on existing trademarks by using names or symbols that could confuse consumers into believing your game is affiliated with Wizards of the Coast (WOTC) or Dungeons and Dragons, you should be fine.
For example, Metroman is not a concern for Mister Man, because one is not likely to confuse the league of superheroes with a man-eating vector. On the other hand, using Dungeons and Dragons or any other specific trademarked names could lead to legal issues.
Other Forms of Protection and Risks
While you should legally protect your game through trademarks and other means, it's also important to understand that legal rights can be ambiguous. Todd mentions that just because you are legally in the right does not mean you won't face litigation. Companies like TSR (now WOTC), known for their aggressive defense of their intellectual property, have a history of making over-reaching claims and shutting down third-party materials, fan sites, and even smaller companies.
The chilling effect of potential lawsuits can be as damaging as a legal win. Even if you eventually win a case, the legal process can be lengthy and costly, potentially overshadowing the success of your game.
Focusing on Finishing Your Game
The primary focus should be on completing your game. Spending time and energy ensuring that your game is legally sound can be a distraction from the critical task of developing a compelling and enjoyable experience for players. Unless there's a clear and imminent threat of legal action that will significantly impact your progress, it's best to focus on the development of your game.
Once you have a developed and polished game, you can then address any legal issues with confidence and objectivity.