Legal Question in Technology Law in New Jersey

Re: Using the same concept as another contest site but changing the rules just a

Without seeing what it is you want to do, it is difficult to advise you. However, generally speaking, ideas are not copyrightable, expression is. So, the idea of a sports related contest is probably not copyrightable. However, the expression of the contest may be. The exception would be if there is only one or a limited number of ways to state the rules of the contest. If that is the case, then the prior contest holder may only have limited copyright rights.

Again, you should have an attorney review the site you have looked at and compare it to what you plan to do.

Thank you for your posting.

Best regards,

Todd D. Epp, Esq.

Re: Using the same concept as another contest site but changing the rules just a

There is a risk of copyright infringement, but the answer is in the details. Mr. Epp has set out the basics for you very well. To advise you, it is necessary to know what you consider the "basic idea" and what you mean by "change it around", "expand it much further", "change up the basic rules", "small parts of the contest", "a little" "use the concept" or "they don't have"? Only the last phrase allows an answer. You can user their concepts to make contests they don't have. Use of copyrighted material to make non-infringing material is legal. For example, you may use the series STREK TREK to make a show that is different and not infringing, and that is how, for example, BATTLESHIP GALACTICA was created.

What you need to do is disclose the precise thing you propose to do very specifically to an experienced copyright lawyer, preferably one with litigation experience, to get advice. Lawguru is not the place and free general advice will not help you much. Some of the best copyright lawyers in the country are located in New York City, but the location is much less important than getting experienced advice. Look for an attorney that is proactive, that is, one who offers suggestions as to what you can do to increase the likelihood of not being liable for copyright infringement.

Good Luck. If you need assistance in locating a good copyright lawyer let me know and I will make a referral for you.

Re: Using the same concept as another contest site but changing the rules just a

Endorsing Bruce Burdick's reply, I would add that certain elements of game rules are specifically excluded from the scope of copyright (e.g., combat tables/matrices), so the key to producing non-infringing game rules is avoiding exact copying of the text portions.

Before publishing your game, you should consult with a copyright attorney and give him a copy of the game whose ideas you have adapted.

Best wishes,

LDWG