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Author Topic: Game based on a book (legislation)  (Read 3330 times)

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Gordon

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Game based on a book (legislation)
« on: October 08, 2013, 07:32:50 pm »
Hi,

is it allowed to create a non-commercial game, which is based on a book?
Do I have to ask the author for permission?
Have anyone of you developed such a game?

regards,
Gordon

eXpl0it3r

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Re: Game based on a book (legislation)
« Reply #1 on: October 08, 2013, 07:48:16 pm »
Short answer: Yes.

Long answer: It largely depends on the definition of "based on". If you use the information given by the book to create your own code and game, sure! If you copy the code from the book 1:1 and add some different name and then release it as your game, it might be "okay" for non-commercial use, but very often isn't the case for commercial games. Unfortunately very rarely do books provide actual licensing remarks, but if there are any make sure to read them carefully.
On a non legal bases one can argue that books are there to teach information, thus one should be able to use that information in anyway you want and another argument would be, that it's relatively hard to prove relations between code snippet A and snippet B if they are not 1:1 copies but made fit for the personal use and style.

Btw. if you're talking about the SFML Game Development book, you can checkout its license on GitHub. You can freely copy it for non-commercial cases.
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Gordon

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Re: Game based on a book (legislation)
« Reply #2 on: October 08, 2013, 07:59:57 pm »
Thanks for the reply. The question was probably too general. It's less about programming books. It's about stories that I would like to implement.
For example a thriller as a point-and-click adventure.

Lethn

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Re: Game based on a book (legislation)
« Reply #3 on: October 08, 2013, 08:00:11 pm »
It's a really difficult one this that I've been struggling with, everybody has their own opinions and then there are those absolute nut cases who somehow believe that when it comes to copyright if you looked at artwork through a gallery window or listened to music on a radio you should be sued or forced to pay for it.

Expl0it3r explained things okay but this is an ongoing worldwide argument and you won't likely find a straight answer. It's different for programming because how can you copyright a piece of programming language or mathematics that's already been there since the beginning? I'd say as long as your game is largely different and has been edited up a lot then it should be okay but when it doubt it's usually a good idea to avoid it or give credit to where you got the idea from.

Most people won't know if you've used coding techniques from the book, even programmers unless they've looked at the source code but if you take the artwork etc. and use the exact same HUD layout then they definitely will notice. A classic example is World of Warcraft, hundreds of MMORPGs coming out now take the HUD design and controls putting them into their game but they haven't been sued or anything, people do notice though.

At least with programming things have a proper logic to them but with Artwork you have to deal with all kinds of craziness, people can get into trouble for using photographs as reference if it looks too similar, welcome to the insane world of copyright, be sure to skim through all license and user agreements before you download an engine or anything like that :D.
« Last Edit: October 08, 2013, 08:09:12 pm by Lethn »

eXpl0it3r

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Re: Game based on a book (legislation)
« Reply #4 on: October 08, 2013, 08:42:52 pm »
Thanks for the reply. The question was probably too general. It's less about programming books. It's about stories that I would like to implement.
For example a thriller as a point-and-click adventure.
Oh, must have jumped to conclusions, since we had a discussion about using stuff from the SFML book. ;D

With stories things get a bit even more complicated - funny actually I've been thinking about the same scenario yesterday. ;D
Since the "work" of a book is basically its story, with its characters and all, it will fall under the copyright, thus you're not really allowed to use its content directly. However there are some laws that allow to use of any copyrighted material through fair-use or parody. What falls into which category is something as Lethn kind of pointed out that lawyers are fighting over year in and out. You can google a bit to find some vague definitions of what falls under which law.

Personally I'd try to contact the author, even though he mostly doesn't really have a word on it, since the rights are in most cases owned by publishers, but it's worth a try and you might even get a green light.
Or if that didn't work out well, you can always use the story as basis and construct your own things on top of it, with your own characters etc. Proving the connection will be much harder and given that it will non-commercial that likely hood of the publisher hunting you down is going towards zero.

In all cases however, you need to keep in mind that you're never really safe from any lawsuit, BUT chances are unless your game gets really, really popular the publisher not the author will ever hear about it. ;)

Finally, don't heavily rely on any advice from people on the internet that aren't lawyers and can't prove to be lawyers. We just like to think logical and with some common sense, unfortunately our world is developing more and more away from what once called "common sense". ;)
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zsbzsb

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Re: Game based on a book (legislation)
« Reply #5 on: October 08, 2013, 08:48:12 pm »
Thanks for the reply. The question was probably too general. It's less about programming books. It's about stories that I would like to implement.
For example a thriller as a point-and-click adventure.

Quote
Oh, must have jumped to conclusions, since we had a discussion about using stuff from the SFML book.

I can't blame you there. After all the title has 'legislation' (legal stuff) in it and not 'literature'.

As for taking stuff directly from a book, that is totally up to the author/author's estate/publisher. This is why for example it took so many years to finally make some Narnia movies.
« Last Edit: October 08, 2013, 08:51:34 pm by zsbzsb »
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Nexus

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Re: Game based on a book (legislation)
« Reply #6 on: October 08, 2013, 08:49:48 pm »
It depends to which extent the story is based on the book. If you use the same names, exactly the same story or even the title of the original book in order to promote it, I would say you can't do that without explicit permission. You should rather be careful here, copyright is a wide term.

But if the story is remotely inspired by the book, why not? This happens all the time, and you can still be creative and innovative. Game developers often combine existing ideas -- be it from books, movies or other games -- with new ones.
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Grimshaw

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Re: Game based on a book (legislation)
« Reply #7 on: October 08, 2013, 10:57:31 pm »
It depends to which extent the story is based on the book. If you use the same names, exactly the same story or even the title of the original book in order to promote it, I would say you can't do that without explicit permission. You should rather be careful here, copyright is a wide term.

But if the story is remotely inspired by the book, why not? This happens all the time, and you can still be creative and innovative. Game developers often combine existing ideas -- be it from books, movies or other games -- with new ones.

Nexus is right. Take any advice on legal stuff with a grain of salt, always make sure you are well informed before making decisions you may regret later (law-wise).

In the moment an author wrote a story and published a book, it becomes copyrighted and you cannot use that universe as your own. I think the best thing to do for fidelity to the story you re a fan of, is to contact the author and try to get permission to work with those characters and events in your game without being afraid of legal issues.

Otherwise, you can still do the work but you need to change enough so it becomes something original somehow. If the original author can obviously prove you're ripping off his/her creative universe, you're going to have a fight you can't win, possibly.

Anyway, I like your idea and it would rock to see games being made from the great books around! :D