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D&D Monsters and Copyright

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D&D Monsters and Copyright


Does making a mobile app using textures/content from a video game violate copyright?Copyright issues when making an appHow does copyright law apply to reusing images from before the 1900s?Copyright of country/region names for fictionData copyright for public domain content or natural resourcesCan I recreate the Risk board game for personal use?Is it legal to have a “Create custom x” in your D&D program, if that can result in the enduser violating the copyright?






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1















We are making a college board game, and would like to know if we can use a few monsters from dnd to make our game. We dont use the same name as you do, just the images from online and the books.










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  • You should search the site before posting: law.stackexchange.com/search?q=game+copyright

    – BlueDogRanch
    8 hours ago






  • 1





    You say "just" the images but the images are much more strongly protected than the names. Consider the amount of effort that goes into thinking up a name versus drawing a picture of the thing.

    – David Richerby
    53 mins ago

















1















We are making a college board game, and would like to know if we can use a few monsters from dnd to make our game. We dont use the same name as you do, just the images from online and the books.










share|improve this question







New contributor



Louis Lunn is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.





















  • You should search the site before posting: law.stackexchange.com/search?q=game+copyright

    – BlueDogRanch
    8 hours ago






  • 1





    You say "just" the images but the images are much more strongly protected than the names. Consider the amount of effort that goes into thinking up a name versus drawing a picture of the thing.

    – David Richerby
    53 mins ago













1












1








1








We are making a college board game, and would like to know if we can use a few monsters from dnd to make our game. We dont use the same name as you do, just the images from online and the books.










share|improve this question







New contributor



Louis Lunn is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.











We are making a college board game, and would like to know if we can use a few monsters from dnd to make our game. We dont use the same name as you do, just the images from online and the books.







copyright






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Louis Lunn is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.










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New contributor



Louis Lunn is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.








share|improve this question




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asked 9 hours ago









Louis LunnLouis Lunn

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  • You should search the site before posting: law.stackexchange.com/search?q=game+copyright

    – BlueDogRanch
    8 hours ago






  • 1





    You say "just" the images but the images are much more strongly protected than the names. Consider the amount of effort that goes into thinking up a name versus drawing a picture of the thing.

    – David Richerby
    53 mins ago

















  • You should search the site before posting: law.stackexchange.com/search?q=game+copyright

    – BlueDogRanch
    8 hours ago






  • 1





    You say "just" the images but the images are much more strongly protected than the names. Consider the amount of effort that goes into thinking up a name versus drawing a picture of the thing.

    – David Richerby
    53 mins ago
















You should search the site before posting: law.stackexchange.com/search?q=game+copyright

– BlueDogRanch
8 hours ago





You should search the site before posting: law.stackexchange.com/search?q=game+copyright

– BlueDogRanch
8 hours ago




1




1





You say "just" the images but the images are much more strongly protected than the names. Consider the amount of effort that goes into thinking up a name versus drawing a picture of the thing.

– David Richerby
53 mins ago





You say "just" the images but the images are much more strongly protected than the names. Consider the amount of effort that goes into thinking up a name versus drawing a picture of the thing.

– David Richerby
53 mins ago










2 Answers
2






active

oldest

votes


















8
















No. The images are copyrighted, and you are using them in a way that would leave you with virtually no argument for fair use:



  1. The purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes: There's no indication that your use would be for nonprofit or educational purposes.


  2. The nature of the copyrighted work: Works of fiction and art are highly creative works at the heart of the policy for copyright protection.


  3. The amount of the portion used in relation to the copyrighted work as a whole: You are apparently copying entire images, though I suppose you could argue that each image is just one small portion of a larger book or website.


  4. The effect of the use upon the potential market for or value of the copyrighted work: You are trying to create a board game, putting yourselves basically in direct competition with the makers of D&D.


I generally prefer a pretty liberal interpretation of what constitutes fair use, but this just has virtually nothing that would make me comfortable arguing in your favor.






share|improve this answer


































    1
















    Many D&D monsters and creatures are based on creatures occurring in folklore and myth, such a vampires and trolls. Those are in the public domain, and anyone may use them freely. But images published as part of D&D, or by independent artists, are subject to copyright, and may not be used without permission. As the answer by bdb484 says, there seems no plausible case for a fair use exception to copyright here.



    Note also that the specific descriptive text used in the D&D Monster Manual and other publications is protected by copyright, and may not be copied or closely paraphrased. This is true even when the creature being described is one from traditional folklore.



    New creatures or monsters invented as part of D&D would be fully protected by copyright. While the general idea cannot be protected, anything based at al closely on a published description is nlikely to constitute copyright infringement.



    If you were to copy content from published D&D books, a copyright suit might force you to stop distributing your game, and leave you with sizable damages to pay, depending on the exact facts.



    You would be wise to invent your own monsters, or create your own versions of traditional monsters from legend and folklore.






    share|improve this answer


























      Your Answer








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      2 Answers
      2






      active

      oldest

      votes








      2 Answers
      2






      active

      oldest

      votes









      active

      oldest

      votes






      active

      oldest

      votes









      8
















      No. The images are copyrighted, and you are using them in a way that would leave you with virtually no argument for fair use:



      1. The purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes: There's no indication that your use would be for nonprofit or educational purposes.


      2. The nature of the copyrighted work: Works of fiction and art are highly creative works at the heart of the policy for copyright protection.


      3. The amount of the portion used in relation to the copyrighted work as a whole: You are apparently copying entire images, though I suppose you could argue that each image is just one small portion of a larger book or website.


      4. The effect of the use upon the potential market for or value of the copyrighted work: You are trying to create a board game, putting yourselves basically in direct competition with the makers of D&D.


      I generally prefer a pretty liberal interpretation of what constitutes fair use, but this just has virtually nothing that would make me comfortable arguing in your favor.






      share|improve this answer































        8
















        No. The images are copyrighted, and you are using them in a way that would leave you with virtually no argument for fair use:



        1. The purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes: There's no indication that your use would be for nonprofit or educational purposes.


        2. The nature of the copyrighted work: Works of fiction and art are highly creative works at the heart of the policy for copyright protection.


        3. The amount of the portion used in relation to the copyrighted work as a whole: You are apparently copying entire images, though I suppose you could argue that each image is just one small portion of a larger book or website.


        4. The effect of the use upon the potential market for or value of the copyrighted work: You are trying to create a board game, putting yourselves basically in direct competition with the makers of D&D.


        I generally prefer a pretty liberal interpretation of what constitutes fair use, but this just has virtually nothing that would make me comfortable arguing in your favor.






        share|improve this answer





























          8














          8










          8









          No. The images are copyrighted, and you are using them in a way that would leave you with virtually no argument for fair use:



          1. The purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes: There's no indication that your use would be for nonprofit or educational purposes.


          2. The nature of the copyrighted work: Works of fiction and art are highly creative works at the heart of the policy for copyright protection.


          3. The amount of the portion used in relation to the copyrighted work as a whole: You are apparently copying entire images, though I suppose you could argue that each image is just one small portion of a larger book or website.


          4. The effect of the use upon the potential market for or value of the copyrighted work: You are trying to create a board game, putting yourselves basically in direct competition with the makers of D&D.


          I generally prefer a pretty liberal interpretation of what constitutes fair use, but this just has virtually nothing that would make me comfortable arguing in your favor.






          share|improve this answer















          No. The images are copyrighted, and you are using them in a way that would leave you with virtually no argument for fair use:



          1. The purpose and character of the use, including whether it is of a commercial nature or for nonprofit educational purposes: There's no indication that your use would be for nonprofit or educational purposes.


          2. The nature of the copyrighted work: Works of fiction and art are highly creative works at the heart of the policy for copyright protection.


          3. The amount of the portion used in relation to the copyrighted work as a whole: You are apparently copying entire images, though I suppose you could argue that each image is just one small portion of a larger book or website.


          4. The effect of the use upon the potential market for or value of the copyrighted work: You are trying to create a board game, putting yourselves basically in direct competition with the makers of D&D.


          I generally prefer a pretty liberal interpretation of what constitutes fair use, but this just has virtually nothing that would make me comfortable arguing in your favor.







          share|improve this answer














          share|improve this answer



          share|improve this answer








          edited 8 hours ago

























          answered 8 hours ago









          bdb484bdb484

          12.8k1 gold badge19 silver badges48 bronze badges




          12.8k1 gold badge19 silver badges48 bronze badges


























              1
















              Many D&D monsters and creatures are based on creatures occurring in folklore and myth, such a vampires and trolls. Those are in the public domain, and anyone may use them freely. But images published as part of D&D, or by independent artists, are subject to copyright, and may not be used without permission. As the answer by bdb484 says, there seems no plausible case for a fair use exception to copyright here.



              Note also that the specific descriptive text used in the D&D Monster Manual and other publications is protected by copyright, and may not be copied or closely paraphrased. This is true even when the creature being described is one from traditional folklore.



              New creatures or monsters invented as part of D&D would be fully protected by copyright. While the general idea cannot be protected, anything based at al closely on a published description is nlikely to constitute copyright infringement.



              If you were to copy content from published D&D books, a copyright suit might force you to stop distributing your game, and leave you with sizable damages to pay, depending on the exact facts.



              You would be wise to invent your own monsters, or create your own versions of traditional monsters from legend and folklore.






              share|improve this answer





























                1
















                Many D&D monsters and creatures are based on creatures occurring in folklore and myth, such a vampires and trolls. Those are in the public domain, and anyone may use them freely. But images published as part of D&D, or by independent artists, are subject to copyright, and may not be used without permission. As the answer by bdb484 says, there seems no plausible case for a fair use exception to copyright here.



                Note also that the specific descriptive text used in the D&D Monster Manual and other publications is protected by copyright, and may not be copied or closely paraphrased. This is true even when the creature being described is one from traditional folklore.



                New creatures or monsters invented as part of D&D would be fully protected by copyright. While the general idea cannot be protected, anything based at al closely on a published description is nlikely to constitute copyright infringement.



                If you were to copy content from published D&D books, a copyright suit might force you to stop distributing your game, and leave you with sizable damages to pay, depending on the exact facts.



                You would be wise to invent your own monsters, or create your own versions of traditional monsters from legend and folklore.






                share|improve this answer



























                  1














                  1










                  1









                  Many D&D monsters and creatures are based on creatures occurring in folklore and myth, such a vampires and trolls. Those are in the public domain, and anyone may use them freely. But images published as part of D&D, or by independent artists, are subject to copyright, and may not be used without permission. As the answer by bdb484 says, there seems no plausible case for a fair use exception to copyright here.



                  Note also that the specific descriptive text used in the D&D Monster Manual and other publications is protected by copyright, and may not be copied or closely paraphrased. This is true even when the creature being described is one from traditional folklore.



                  New creatures or monsters invented as part of D&D would be fully protected by copyright. While the general idea cannot be protected, anything based at al closely on a published description is nlikely to constitute copyright infringement.



                  If you were to copy content from published D&D books, a copyright suit might force you to stop distributing your game, and leave you with sizable damages to pay, depending on the exact facts.



                  You would be wise to invent your own monsters, or create your own versions of traditional monsters from legend and folklore.






                  share|improve this answer













                  Many D&D monsters and creatures are based on creatures occurring in folklore and myth, such a vampires and trolls. Those are in the public domain, and anyone may use them freely. But images published as part of D&D, or by independent artists, are subject to copyright, and may not be used without permission. As the answer by bdb484 says, there seems no plausible case for a fair use exception to copyright here.



                  Note also that the specific descriptive text used in the D&D Monster Manual and other publications is protected by copyright, and may not be copied or closely paraphrased. This is true even when the creature being described is one from traditional folklore.



                  New creatures or monsters invented as part of D&D would be fully protected by copyright. While the general idea cannot be protected, anything based at al closely on a published description is nlikely to constitute copyright infringement.



                  If you were to copy content from published D&D books, a copyright suit might force you to stop distributing your game, and leave you with sizable damages to pay, depending on the exact facts.



                  You would be wise to invent your own monsters, or create your own versions of traditional monsters from legend and folklore.







                  share|improve this answer












                  share|improve this answer



                  share|improve this answer










                  answered 6 hours ago









                  David SiegelDavid Siegel

                  27.4k2 gold badges47 silver badges96 bronze badges




                  27.4k2 gold badges47 silver badges96 bronze badges
























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