Content market and TM work

[Exmortis]

One thing to remember, if you are going to share published material, making sure the person you send it too has pruchased it as well will help ensure you are not accused of IP fraud.

If I took the time to say input Kingmaker into RW and a fellow GM wanted it, I would go to great lengths to make sure they have purchased the Kingmaker series in book or pdf form.

For two reasons;
ONE to support paizo and pathfinder, these are successful because people spend money, and I want that to continue;
TWO I hate piracy, and do not support it, however if you and I both own Kingmaker, and I give you the RW work for free, there is no real infraction here. Its a bit of a grey area, but it isn't fraud, both parties have paid for it, both parties have the right to use it for personal use.


I would be willing to share anything I did in RW that was published as long as I was reasonably sure the other party also had bought it. Though myself right now my campaign is my IP so if I choose to share it no one can claim fraud.

[Parody]

This does bring up some interesting questions like:

• Will we be able to share things privately to other users?
• What if I want to share something that depends on content shared to me?
• How does LWD plan on handling DMCA takedown notices and other copyright claims?

Part of a large list of things to think about as the Content Market starts to take shape (to the public, anyway).

[Silveras]

I've said this before, and I will repeat it here because I think it bears repeating:

RealmWorks is a new medium for publication. Putting material out on the Content Marketplace is publishing it. Expecting that all of the old rules about what you can and cannot do with the content apply just as if the Realm were a PDF is the safest way to approach things, especially early on. Nobody wants to volunteer to be the test case in court whether it is different enough to be handled differently.

Exmortis, your example of Kingmaker has a flaw. Just as the purchase of the physical book does not "entitle" anyone to the PDF version, purchasing either does not entitle anyone the RealmWorks version.

Even if you just give it away to a friend, you're re-publishing Intellectual Property that belongs to someone else. Is it worth the time to prosecute for one? Perhaps not.. unless it becomes common enough that a publisher feels it necessary to take *someone* to court to prove the point.

Working with your own content is fine.. you can do with that what you want. But if you even reference copyrighted material (such as creating a new adventure for Star Wars that refers to protected names from the setting -- Jedi, Sith, etc. -- or the events/plots of already existing works -- the destruction of the Death Star, the attack on the Rebel base on Hoth, etc. -- you're in the area where you're at risk.

How much risk depends on what licenses, including Community Use Policies, are available. It may be that just need to include a copy of the license with the work and include copyright information (such as re-publishing rules under the OGL), or it may be that there is NO such activity allowed (I believe LucasFilm keeps a tight grip on licensed materials, for example).

I hope that makes my concerns clearer. I see a lot of enthusiasm, but I would not want that to get people into trouble by mis-using protected content.

[AEIOU]

Methinks there needs to be a copyright primer attached to the FAQ....

[Mystic Lemur]

I think LWD is not in the business of giving legal advice. A disclaimer is one thing, telling users in a FAQ what is and isn't (or may and may not be) illegal is something that would actually increase their potential liability.

If you want legal advice, consult a lawyer.

[Silveras]

Originally Posted by Mystic Lemur

I think LWD is not in the business of giving legal advice. A disclaimer is one thing, telling users in a FAQ what is and isn't (or may and may not be) illegal is something that would actually increase their potential liability.

If you want legal advice, consult a lawyer.

Agreed.

[AEIOU]

It's already a minefield. Especially with this being an international community. And yes the correct answer is consult a lawyer; but without guidance, it's a disaster waiting to happen and LWD will be just as liable as the persons that (un)knowingly break the law. We already have several interpretations in this thread that may be well-intended but are likely not correct.

LWD has already paid the lawyers and knows the answers. They wouldn't have made the program if they didn't know the risks and how to mitigate them.

[Silveras]

LoneWolf may know *their* risks as the host of the cloud service and the provides of the Marketplace feature.

Those risks are different than the risks of people who self-publish their own content that is wholly their own creation, or which draws only on public domain material (legends of Atlantis, for example, or their own version of Bigfoot). Working with your own content is the lowest risk.. although even then talking to a lawyer would be advisable.

The risks are substantially greater if you start dabbling with someone else's intellectual property.

It is not LoneWolf's responsibility to provide legal advice. Actually, they may not be able to do so because they are not a law firm.. it may be illegal for them to even try to give legal advice.

It is the user's responsibility to make arrangements and know what is and is not allowed, and to abide by that.

LoneWolf may be in a position where their safest action is to cancel someone's sharing of content if notified by a publisher that it contains protected content. It is then between that user and the publisher (and the lawyers for each) to figure out.

While I obviously have no idea of the details, I would expect that topics like that are part of what LoneWolf and the publishers are negotiating as LoneWolf tries to persuade the publishers to support RealmWorks.

[Dervish]

How about we just go to the source and look it up instead
Here or Here

The first link covers Fair Use and the second is in regards to game copyright however they are both germain to our discssion.

[AEIOU]

@Dervish: Those are the types of links that belong in the FAQ. Thanks for pointing them out.

@Silveras: I appreciate your stance and respect your opinion. I see things from a cynical point of view and quite frankly, legel repercussions from someone doing something stupid with LWD getting caught in the crossfire since they are the sole host and distributor of all material is the reason I am such a vocal proponent of export capability. If the feces hits the fan, LWD is toast and we all lose. And it doesn't matter what promises were made for protecting our data, it's game over.

I'd be pleased as pie if Liz popped in and told me I'm unrealistically paranoid and crazy. I want to eat crow and sleep easier.