Hello Folks,
Been a very VERY trying month… fighting off the swine flu epidemic, scrambling to finish an art show, and (apparently) dodging Games Workshop’s legal department! From the top…
Shortly after uploading the last page, I got struck by the flu piglets – how trendy of me. That knocked me on my behind for a good two weeks, which left precious little time to get work finished for an art show I had in Ottawa, Canada on Friday November 13th. But I got it done, and even sold half the pieces. If anyone’s interested, I put the remainder of the originals and prints up at my etsy shop (http://magicforestshop.etsy.com).
Most of you will probably have heard by now that Games Workshop seems to be on a Cease & Desist blitz. From what I’ve read they’re enforcing their trademark claims over names such as “Blood Bowl”, “Warhammer”, and their associated imagery. While all good and legal, it seems GW has (in some cases) gone to some ridiculous extremes, such as issuing a C&D to an authorized GW reseller, banning him from using GW product shots on his website! Some of the fansites given notice have complied with the requested changes, while others have chosen to shut down. In an age where there are countless Star Wars fan pages, Buffy fan fiction, and even fan-made HALO films (that Microsoft even CHOSE to endorse), I find it upsetting that Games Workshop feels the need for such a draconian hold on their Intellectual Property (IP). Though their Trademarks (TM) need to be enforced to remain valid, the same doesn’t hold true for their copyrighted material.
I decided to read GW’s entire IP policy, and what I found on page four distressed me somewhat:
Please note that we consider any background material you write to be a work which is derivative of our intellectual property. As such, you should refrain from putting any notice claiming that anyone other than Games Workshop Ltd has any right over Games Workshop-owned intellectual property or derivatives thereof.
When Josh and I started this comic back in April, we knew we were limited in what we could do. We knew that printed editions, posters, etc. were all out of the question; but never would I have guessed that GW would lay claim to anything we create in Gone to Ground! While many copyright holders (Lucasfilm, for one) allow, and even encourage derivative works such as fan-fiction… Games Workshop is exercising their right to ownership over “derivative work”, to what ends – we don’t know.
So while I sit here and nervously await a C&D notice that may or may not come, I am going to try and finish off this first storyline as quickly as I can. What happens next is still uncertain… Do we continue with the 40k IP? Do we build our own worlds for our characters to explore?
I don’t know. But I plan on keeping GtG going, and hope that you’ll join me!
someone correct me if im wrong buuuuuut…
essentialy, by claiming ownership over “derivative work”, GW could essentially take….ohh…say a colelction of fan-stories they particulalry like, or a fan-comic,
and publish it themselves, since, you know, they “own” it.
probably dont need the creators ok to do it either (essentially, gw could say we need money, so lets screw over some authors/artists and the web, we own thier crap already)
The world of copyright isn’t so cut and dried. “Derivative Works” is normally the domain of written content; it helps differentiate between plagiarism (copying word-for-word), and work that is “inspired by”. But even then it’s difficult to discern what’s been used as inspiration (OK!) and what’s derivative (NOT OK!)
I’m fairly certain that GW exercises this right so that they can’t be accused of plagiarism if they come up with an idea similar to a fan’s previous work. Let’s say Gordon McGamer posts a pic of his Space Marines, painted up in the colours of his own made-up chapter called the Space Unicorns. Now… as unlikely as it may be, if GW were to ever release a SM book (designed completely unaware of Gordo’s post) detailing the history of the Space Unicorns chapter, Ol’ Gordon can’t sue them for IP infringement!
However, when it comes to GtG, there’s artwork to consider. I’m almost certain that GW cannot publish a book of fan-comics… However, they could probably use ideas/characters/names from those comics with impunity.
Oh noes! Da’ Beer!
But you need to make up some new Ork swears… like “son of a Grot” or something… bloomin’ is sooo 39th millenia…
well if you do change HOPE NOT then ill just see whats next for your comic.
yeah im staying,because you do a great job.
oh yeah HAPPY TURKEY DAY!
Am i the only one who hears that last ork in an Australian accent, similar to the tf2 sniper?
“Those Oomies are nickin’ the bloomin’ beer!” Classic =D
Sgt. Panz is probably right. Look at TSOALR. It is over now -sigh-. Everything ‘you’ mentioned about not doing he was told he couldn’t, but they didn’t stop him from posting the stuff he created. They just don’t want people “nickin’ there bloomin beer truck” or taking a chug from the back hatch while the redshirts have backs turned. In this day in age GW is finally spreading its aquilla. CD books, an upcoming movie, a number of videogames (some even successful), and they aren’t backing down. Its offically becoming a multi-dimensional company and it is simply protecting what it is that GW is based off of… a story.
Well it is a well-known fact that Steve (of TSOALR fame) ended the comic because he couldn’t make any money of it, not because GW wanted him to C&D. He even said so himself
Guys, lets not forget the intenrational law issues here. We’re talking about an English parent company. The copyright in a product is granted to those who record the material, not the creator. Use of GW IP in gtg is a secondary infringement of copyright and therfore a civil wrong. The IP terms state that you should not claim ownership to GW IP if putting a copyright notice on gtg. it doesn’t say GW own gtg.
Finally copyright is protection of expression not idea. So if you create your own chapter colours then the colour scheme remains yours (to the extent that it is copyrightable) the copyright in the SM minature remains with GW even though you own the plastic. A published photograph is strictly a secondary infrigement. The impiortant issue is – does the license obtained when purchasing the miniature extend to the publishing photos of your own property.
Ghostrider > The key issue for GtG with GW’s IP Policy, is the comic’s status as a “derivative work” (which I admit is different from the Trademark issues involved in this latest round of C&D letters).
GW reserves the right to limit or even halt any activities that are derivative of their IP (like Damnatus). But you’re right, I shouldn’t say that GW can claim ownership to this comic, but that they can certainly put a stop to it. Furthermore if GW were to include a character called “Gutklobba” in their back story, it’s likely there’s not much that I’d be able to do about it, regardless of my actual rights. However, I’m not one to paint Games Workshop as some malicious entity, and I would hope that situation would never occur.
What is truly irksome is that much of what makes up GW’s IP is *uncopyrightable*, as it falls within the domain of “ideas”. For example; is Sly Marbo a copyrightable character? GW has never hidden the fact that Sly is a parody of Rambo, and as such falls under the banners of parody and derivative work. An artist or author does not have a copyright in material borrowed from someone else, so where does that leave ol’ Sly? I suspect that there is plenty of borrowed material similar to Sly within the 40K universe, and let’s not forget WFB.
If GW is indeed cracking down on those that infringe on their IP (and by recent event, I can only assume that they are), it seems kind of foolish to keep publishing a comic set in their universe. I’ve grown fond of my 401, and the GtG characters in general… and would love to keep them firmly rooted in the 40K universe – but I have no guarantee that GW won’t come knockin’ on any given day.
Needless to say, I’m kinda torn as to what to do next.
For more on derivative works and “fan fiction”, please refer to the excellent website, Chilling Effects.
How many of the other sites had something similar to this? :
“Gone to Ground is © copyright Stefan Grambart, 2009. This comic is intended as a parody and entertainment. Endorsement by Games Workshop, or copyright of any Games Workshop game terms or property, is not intended or implied.
This web site is completely unofficial and in no way endorsed by Games Workshop Limited. All associated marks, names, races, race insignia, characters, vehicles, locations, units, and images from the Warhammer 40,000 universe are either ®, ™ and/or © Copyright Games Workshop Ltd 2000-2005, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.”
The way i’m reading this, you’re making no challenge to their IP whatsoever!
Definitely an Aussie Ork at the end! Keep going as long as you can please!