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-   -   Likeness Rights Work Arounds? (http://sto-forum.perfectworld.com/showthread.php?t=185939)

Archived Post 10-27-2010 12:11 PM

Likeness Rights Work Arounds?
 
Just an old country doctor by the name of McKoy, his Vulcan antagonist Mr. SPOKK, and their fearless Captain Circk.... These are original characters of my Foundry missions that do not represent any known actors or characters from the original show. They only happen to look similar.

Also the mission involves Q. Although he looks like John DeLancie, he's actually a different Q. No relation, I promise.

Anyone have a problem?

Archived Post 10-27-2010 12:55 PM

i fear too many people will do this and it will become stale even if its allowed.

technically its probably ok but how many missions will get flagged because someone does not know the exact spelling of McCoy anyway and just flag it because it sounds close enough.

my advice is just keep clear.

Archived Post 10-27-2010 01:04 PM

I just posted in another thread about this, but I really think we ought to leave the licensed characters to Cryptic. If they want to put a cameo in, fine, but we have our own captains and crews, and STO is supposed to be about them. :)

Archived Post 10-27-2010 01:15 PM

Considering the fact that CBS is now letting people sell their own ST products including those that have character likenesses, I dont understand how this could be against the rules.

http://www.startrek.com/article/cafe...ek-merchandise

But maybe someone can explain it.

Archived Post 10-27-2010 01:18 PM

1234567890

Archived Post 10-27-2010 01:20 PM

Quote:

Originally Posted by The.Grand.Nagus (Post 3118927)
Considering the fact that CBS is now letting people sell their own ST products including those that have character likenesses, I dont understand how this could be against the rules.

http://www.startrek.com/article/cafe...ek-merchandise

But maybe someone can explain it.

Actually, I don't think that character likeness is allowed on the cafepress stuff. I vaguely remember reading in the rules regarding the fan merchandise that character likeness is one area that's off limits. might have to look through it again...

[edit] Ah, here we go...

Quote:

Prohibited Uses of the Properties for CafePress Fan Portal:

* You may not use the first or last names, images, photographs, likenesses, voices, caricatures, silhouettes or other depictions of, any actors appearing in, or writers, directors or producers of the Properties.
I knew it was there :) [/edit]

Archived Post 10-27-2010 01:26 PM

Quote:

Originally Posted by The.Grand.Nagus (Post 3118927)
Considering the fact that CBS is now letting people sell their own ST products including those that have character likenesses, I dont understand how this could be against the rules.

http://www.startrek.com/article/cafe...ek-merchandise

But maybe someone can explain it.

taken from a post by dstahl, there seams to be a list of characters we cant use.

Quote:

Originally Posted by dstahl (Post 3117964)

This Flagging will not be used for things such as "I didn't like this mission" or "This sucks" or "This doesn't feel Star Trek to me"... but instead for things that violate IP license rules (example: using a character or likeness that is on the not allowed list), violating standard terms of service rules (example: advertising other products or services in your mission text), or attempting to circumvent foul language filters.


Archived Post 10-27-2010 01:34 PM

Quote:

Originally Posted by Kirkfat (Post 3118763)
Anyone have a problem?

You're either joking around or you have no clue how copyright and trademark law works.

Long story short; I sell blue T-shirts with a red 'S' logo on them. I explain in court that my T-Shirts aren't about 'Superman' from Krypton, they're about 'Sooper Guy' from Betelgeuse. Guess what happens? I lose the lawsuit and have to pay punitive and compensatory damages (them's just fancy words that mean 'lots o moneys'), and I may end up having to pay DC's court costs and attorney's fees.

Besides, unless Cryptic/Atari's attorneys are stupider than the people that believe that your post presents an accurate depiction of the situation, I'm certain that the Foundry EULA will contain language that reads something like this: "Trademarked characters are a violation of this agreement, as are similar characters with minor changes, e.g. 'Sooperman' instead of 'Superman', or 'Captain Quirk' instead of 'Captain Kirk.'"

Archived Post 10-27-2010 01:40 PM

Well, if there are characters that for one reason or other we cannot use.
Then I hope they list them so we know from the start to avoid them.

Like:

list of characters with no restriction
Spock
Kirk
whatever

list that we can mension but not deplict
Data
Troy
whatever

list of off limits characters
Ambasador puggy puggy :p
or whatever

The we can avoid all those copyright issues from the start.

Archived Post 10-27-2010 03:15 PM

As others have pointed out - the CBS related terms of use we are proposing are very similar to what they recently posted on the CafePress fan made merch site.

Here is a link to those rules.
http://www.cafepress.com/cp/popup/in...rules_startrek

My understanding is that you can mention characters in dialog, missions, etc, but that you will need to stray away from trying to represent those characters/actors likeness in game.

As an example - the STO team has to get specific approval anytime we use an actor's likeness in game and they have rights of refusal in most cases to say they don't like it and we have to pull it.


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