Scenario Complete! Copyright Issues?

#1

A while back, we discussed a cool scenario idea on this thread by @Chaologic. I took his idea and ran with it, creating a Dread scenario set in the Darkest Dungeon universe. I ran it in October and had a blast!

I wrote up the scenario in a two-page spread, and made it system-agnostic, intending to put it on DriveThruRPG as PWYW. I got some feedback from @Chuck_Lemons that I might be violating DD’s copyright. Turns out all fan fiction is illegal. Who knew? Anyway, he suggested I re-skin the scenario a bit.

I have done so. I ported the scenario over to an original setting, drew original artwork, and changed some of the details to move away from DD’s intellectual property. That said, anyone familiar with DD will still recognize much of what inspired me.

So questions:

  1. Would I get sued for this?
  2. Would I be violating Wheaton’s Law by calling this my own?

Any other feedback is much appreciated!

#2

I’m no lawyer, nor is this legal advice…just a gut reaction.

  1. At least in the US…you can be sued for anything. Would a judge not throw it out at the first request…depends on state. I would not really loose too much sleep on it though at the moment.

  2. This is much more important to me. I don’t know the original content, so I can’t be a judge. However, for anything that inspires something else, I would acknowledge that original product. Problem is, that serves as ammunition for a Lawsuit.

  3. My understanding, as long as there is no Plagiarism, don’t use the content written or drawn by another, attempt to take advantage of the work of others to profit yourself (copy the look and and feel to try to take their customers) there is not much they can sue you for…but you can still be hitting onto Wheaton’s Law. So if you avoid crossing Wheaton’s Law all together, it is less likely you will be sued.

All stories are Man Vs. self, Man Vs. Nature, Man Vs. Man…or combinations of that…but there are billions of stories to be told.

#3

Thanks, @Paxx. I don’t want to get a reputation for ripping off people’s stuff. I’d much rather call it Darkest Dungeon and put it out there for free as a sort of fanfiction, but that does violate copyright law. I also have scenarios for Harry Potter, Star Wars, The Crow, etc. I’d rather celebrate those fandoms than try to alter them. Oh well. At least I can run them with my home group.

I suppose I can ask permission :confused:

#4

I’m not a lawyer, and am not offering legal advice. Based on what I’ve seen, though, I think you’re (usually) safe if you specifically identify the copyright status of any items you use or reference, making it clear that you’re not claiming those items as your own original work.

I don’t have familiarity with Darkest Dungeon, its publisher, or its history, so I don’t know how litigious they might be.

Save vs. Lawsuit is a long post (which I haven’t completed yet!), but seems very informative for your situation.

#5

Dude!!! we are hobbyists/gamers. Most of the creators are fairly accessible if you ask nicely and professionally.

Also we have all stolen from D&D, Traveler, Gurps/Champions…lets face it, that’s the Trinity of RPGs with Magic The Gathering adding exception based rules.

D&D= Fantasy RPG
Traveler = Sci-fi
Gurps/Champions= generic setting systems
Magic The Gathering added exception based rule system…what we now consider normal.

But Legal issues, are not always logical.

@skippy great article.

#6
  1. No. Just leave out names that are specific to other franchises.
  2. No. Everything is inspired by something else. Keep doing stuff.