Lt. Commander
Join Date: Dec 2007
Posts: 120
# 21
06-05-2011, 12:28 PM
Quote:
Originally Posted by Valiant797 View Post
Actually, syberghost I believe you have it backwards.

The EULA says:
New Game Materials may utilize the Star Trek Properties as provided by CBS and Cryptic Studios unless otherwise specified in the Prohibited Section below. You may use the names of characters (past or present) from the Star Trek Properties.

Prohibited Uses of the Star Trek Properties:
You may not use the first or last names, likenesses, or other depictions of any actors appearing in, or writers, directors, or producers of the Star Trek Properties.
You may not use copyrighted content from the Properties, including but not limited to web content, promotional materials (posters, advertisements) or existing licensed merchandise (novels, trading cards, figurines).


Red part is the emphasis. In layman's terms: You may play in our sandbox. You may even use our characters (for reference)

You may not use images of real life people. You may not use our stories, or the stories of our licensees, make up your own.


Nothing in the EULA says a darn thing about ships, locations, technologies, etc. Those are all part of the "Star Trek Properties" that we are allowed to "utilize"

Yes, Cryptic gets a bigger sandbox to play in than we do. They are licensed to do so.
Bold green part says a darn thing about ships.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 22
06-05-2011, 01:20 PM
For now I'm going to keep the Klothos in.

But since there is some differentiating interpretations, I flagged this thread in hopes we could get an official EULA ruling from Cryptic. Hopefully, this will help us better understand more of the limits under the EULA. And perhaps adding to the EULA thread of the limitations similar to the rulings regarding characters.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 23
06-05-2011, 04:02 PM
Quote:
Originally Posted by syberghost View Post
Bold green part says a darn thing about ships.
I hope the devs respond to this thread, but from my research and understanding one element of a story cannot be copyrighted. Otherwise we'd be prohibited from using any of the following: tricorder, starfleet academy, photon torpedo, gowron, garak, uss crazy horse, united federation of planets, etc, etc.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 24
06-05-2011, 05:09 PM
Quote:
Originally Posted by syberghost View Post
Bold green part says a darn thing about ships.
CBS doesn't own a copyright on the Enterprise.

Copyright refers to the story, not the elements like technologies, ship names, etc. which are all pretty much explicitly permitted.

Nobody can copyright the Enterprise. They trademark its likeness. Copyright refers to a written work of art in a fixed form.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 25
06-05-2011, 05:28 PM
And I can tell you what the devs, not being lawyers will say:

When it doubt, create something new.

That said, half the point of the Foundry EULA is to allow us to use ships, planets, technologies, etc. in order to create Star Trek stories, with the restrictions being that we can't show an established character or likeness (or something that would reasonably be interpreted as something which should be that actor's likeness)... and we are restricted to the five live action shows and TMP through Nemesis. We can't copy them but we can use elements contained in them in original ways.

Books are off-limits as sources. So are other video games, technical manuals, the Klingon Dictionary (except to the extent Klingon words appeared onscreen), comic books, toys, posters, trading cards, RPG sourcebooks, The Star Trek Encyclopedia (except to the extent that it accurately reports things from the shows, etc.

Let me give you an example question:

Can a Foundry user reference Robert April?

- He appears in TAS but that's irrelevant because we can't reference that.
- He's mentioned in the books but that's irrelevant because we can't reference any of the books, even the ones dubbed canon.
- He appeared in the comics but that's irrelevant since the comics are not part of the license and we cannot reference the comics.
- He has an entry on StarTrek.com but that is irrelevant since it is a marketing material and prohibited as a source.
- He's the name of the Captain in the first draft of The Cage but that never made it onscreen.

So the answer is no. We can't use Robert April because, in spite of having no official likeness (aside from a gag photo of Roddenberry), he is a part of multiple copyrighted works and is NOT present in the workd we're granted exclusions for. Despite being generally agreed upon as the original 1701 Captain, to even mention him as such would require:

A) That he's an original character we create. (He's not.)
B) That we refrain from using any actor likeness. (No real issue there, arguably. Roddenberry posed for a photo that a book presented as him and Doohan voiced him but his look isn't necessarily tied to an actor and you're good if you don't show him.) Still, you only definitively pass this test by refraining from showing him.
C0 That if he is from copyrighted works (he is) that he is present in the works we are explicitly allowed to reference. (He's not.)

Can we reference Picard?

As long as we don't use an actor likeness or copy wholesale from a copyrighted piece of material then yes, because his name (but not his likeness) are given to us to use as part of the properties explicitly allowed.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 26
06-05-2011, 05:29 PM
Quote:
Nobody can copyright the Enterprise. They trademark its likeness. Copyright refers to a written work of art in a fixed form.
Nope, pictures are copyrighted as well as writing.

Here's the form you fill out to register them in the US:

http://www.copyright.gov/forms/formva.pdf
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 27
06-05-2011, 06:16 PM
Quote:
Originally Posted by castmodean View Post
Actually heres the relevant section

Prohibited Uses of the Star Trek Properties:

You may not use the first or last names, likenesses, or other depictions of any actors appearing in, or writers, directors, or producers of the Star Trek Properties.
You may not use copyrighted content from the Properties, including but not limited to web content, promotional materials (posters, advertisements) or existing licensed merchandise (novels, trading cards, figurines).

The ships fall within this sphere of the eula
In that case we can't use any thing from Star Trek at all, because it's all copyrighted. I don't believe that the ships fall under that section at all. What that section is saying is that you can't use things made by other companies/people that are copyrighted, like Star Trek books or other such things. You can't use a movie poster because an artist made it, and is probably due royalties on their work.

I guess you're welcome to believe whatever you like, but I frankly don't agree with your interpretation and I don't believe there's anything to even indicate that it is correct.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 28
06-05-2011, 06:23 PM
Quote:
Originally Posted by syberghost View Post
Nope, pictures are copyrighted as well as writing.

Here's the form you fill out to register them in the US:

http://www.copyright.gov/forms/formva.pdf
The photo is what is copyrighted, not the contents.

Copyright strictly protected a fixed form depiction of story or image.

You can copyright a picture of your face but NOT your actual face.

Your actual face would fall under trademark and publicity rights.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 29
06-05-2011, 06:24 PM
Quote:
Originally Posted by Nagorak View Post
In that case we can't use any thing from Star Trek at all, because it's all copyrighted. I don't believe that the ships fall under that section at all. What that section is saying is that you can't use things made by other companies/people that are copyrighted, like Star Trek books or other such things. You can't use a movie poster because an artist made it, and is probably due royalties on their work.

I guess you're welcome to believe whatever you like, but I frankly don't agree with your interpretation and I don't believe there's anything to even indicate that it is correct.
Under syberghost's interpretation, you breach the EULA by mentioning Starfleet or showing a Klingon.
Lt. Commander
Join Date: Dec 2007
Posts: 120
# 30
06-05-2011, 07:06 PM
**Edit: well I was wrong, fianlly found the correct filing. http://www.trademarkia.com/uss-enterprise-74171321.html ** Trademark and IP law is a miasma of intricacy, implied rights and privileges and frankly a warren in high blood pressure inducing insanity. I take the stand if you have to ask about it, it is probably best to not do it at all. That usually steers to the safe side of things and keeps things simple.


This though is off topic for the ship in question though, which is likely not similarly trademarked. Loosely canon and probably not going to be the source of major infractioning :1
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