COPYRIGHT Issues

Mistteak

OK, The deck I plan on creating should not have any .. but I was thinking after seeing a number of pretty interesting decks the details on copyright, when using a theme that is copyright.

Just as an example: I have seen two decks lately advertised, one was a Harry Potter themed deck, and one was a World of Warcraft deck. Now the difference was the world of warcraft deck was created for the sole purpose of personal use I believe .. yet the HP themed deck was created for sale.

Being that JK Rowling is Very protective of copyright, would the creators of that deck needed to have gained permission to use even the title Harry Potter? Let alone the images and themes?
 

HudsonGray

To do it legally for sale, yes.
 

danieljuk

You could put yourself in such legal danger if you are not properly licensed or have copyright :(

an interesting example to your point though is Hello Kitty. Sanrio is protective of the brand but there is several decks out there originating from Asia which are not licensed and not official. There is only one properly licensed deck out there but there is other decks floating around which some people love to try and get. I don't think you would find them on the proper distribution lines or channels but they are collectors items for some people. I am just not sure how the creators get away with it from Sanrio or whoever is the copyright owner! I am not sure you could get away with selling the "100% not official harry potter tarot deck" :)
 

Laura Borealis

I have heard that there's a different attitude about such things in Japan. It's seen as part of fandom, and is tolerated and basically seen as free advertising. That's in conjunction with fan-made manga and stuff like that, but the tolerance might extend to Hello Kitty tarot.
 

gregory

I believe J K Rowling is VERY PROTECTIVE INDEED. I wouldn't try it, myself. Also - if you are thinking of using gamecrafter, they require an official letter from the copyright owner of anything you are using, saying that you have permission and have paid any dues required.

The only HP deck I've seen (other than a downloadable one) was one based on the movie, and it is dreadful, and I believe the film company was displeased, though I don't know what happened.
 

danieljuk

thank you Laura, that explains everything with the cultural differences. Wondered that for ages but fan art is such a thing there :thumbsup:

Great point Gregory about a GameCrafter (and others) require you to have the copyright and permissions and prove it.

I am sure you could make a deck for personal use but I think I wouldn't put it online probably.
 

blue_fusion

an interesting example to your point though is Hello Kitty. Sanrio is protective of the brand but there is several decks out there originating from Asia which are not licensed and not official. There is only one properly licensed deck out there but there is other decks floating around which some people love to try and get. I don't think you would find them on the proper distribution lines or channels but they are collectors items for some people. I am just not sure how the creators get away with it from Sanrio or whoever is the copyright owner! I am not sure you could get away with selling the "100% not official harry potter tarot deck" :)

Yes, the doujinshi (fan art) phenomenon. I think the companies in Japan treat these fan art creations, even the ones for sale (and there have been a lot over the years), as something like promotional material which would further the reception of their own copyrighted material.

You would have to publish fan art in Japan, though. There was this very popular Hello Kitty deck years ago, which was created in the US. I think Sanrio in the US talked to the creator hand had the deck's production cease.

I'm no lawyer, though. It's still best to talk to a lawyer regarding these issues.
 

Mistteak

Thanks!!

Yes, This is what I thought, I had wondered how in Japan the fandom, came about .. The WoW deck I saw was just a person saying this is a deck I created for a class .. so private use only .. Pity .. Imagine the fun with it!!!

Cleared a lot of things up. Cheers Guys!