Legal Question in Technology Law in Alabama

Re: Online role-playing censorship

I can briefly summarise the position in English law if that would help as UK courts are showing themselves more and more willing to grant injunctions affecting the whole of the Internet. In the UK the game could be protected by the common-law right of passing-off or since our recent Court of Appeal case possibly a copyright action is stronger. The new case is Pensher Doors v. Sunderland City Council and there is more on this in the updates section of our website at www.keeblehawson.co.uk if you are interested. We think that this case is likely to change the relationship between brand owners and the outside world quite considerably in the UK.

Re: Online role-playing censorship

If the license does not also include trademark rights, I would be rather surprised. Thus, I assume that it does.

Under copyright law analysis, one would evaluate the degree to which the web clubs make use of the actual text of the books. Remember, copyright does not protect things like place names; that is the province of trademark law. Therefore, under a pure copyright analysis, I could produce an online Lord of the Rings game featuring Frodo and his hobbit friends so long as I refrained from using Tolkein's artwork and/or text.

Under trademark law, however, the rights owner can prevent others from making use of his marks. A book series would be expected to have a whole host of minor trademarks in addition to the common trademark of the series (e.g., Chronicles of Narnia). It is very important to "police" one's trademark rights because, unlike copyright protection, trademark protection exists only so long as a mark is used under control and has secondary meaning. The fact that the infringers are not profit-making is not dispositive, and use such as you describe could constitute trademark infringement.

The company should consult an attorney to evaluate its rights and available remedies.

Re: Online role-playing censorship

Read attorney Graves's comments, which are on point and well made. The reason free use (unless "fair use" such as for limited educational purposes or for use in parody or criticism)is still copyright and/or trademark use is that it deprives the author of the financial rewards for his creative effort and thus lessens the incentive for the creative effort that went into the original work. Royalties in your situation would be extremely low, and perhaps waived by the author, so the prudent course is to contact the author and ask.