Writing for a character that already exists. Is it difficult legally?

Um...

I have no idea...but, really, I'd suggest that you do things in your own world with your own character! Its fun! And exciting!

I wouldn't touch such a project with a ten foot pole. It's theft of intellectual property and if not illegal, then it's immoral.

Besides, I reckon you'll run into all sorts of legal problems if you steal someone else's character. Your imagination's big enough to come up with your own, surely?

Are you planning on selling such a project after you're done writing it? Most, if not all, publishers and agents refuse to touch such a project. Simply do a search of websites and most have the disclaimer on the site.

If it's fanfic, well, there are lots of websites where you can look around and post your stories. I do know that in most circles it is looked down upon to use someone else's characters in your own story.

I mean, you could always just use the character in question to inspire your own character. And as long as you add your own touch of personal spark to it, no one will notice!

Like how I'm planning to eventually write a story similar to that in S.T.A.L.K.E.R...but with Three Mile Island rather than Chernobyl, which turns the story from Wacky Post Apocalypse Russian Fun to Wacky Post Apocalypse American Fun. Which is entirely different and yet still keeps the idea of a nuclear reactor that releases fairy dust rather than radiation, creating fun loving mutants rather than corpses.

Short answer is, you can't. It's illegal. As others of have said, it's theft of intellectual property.

Long and complicated answer is there might be a way for you to sell a project like this, but you would need the support of the company and character creators. This is not an easy thing to get. If you check on the game's website, it is most likely under copyright protection.

Since you mentioned Watchmen, yes, there were lots of legal complications in turning the graphic novel into the film. Warner Brothers (a brother company to DC Comics) made the adaptation, but is now being sued by Fox because Fox claims they owned the copyright that said they could make the film, not Warner Bros. And guess what? A judge just ruled in Fox's favor, which means we fans don't know what's going to happen with the movie's release. Warner Bros. might end up owing Fox boatloads of money.

This stuff is never easy to figure out. If you go forward with the project, you should have all the legalities squared away first, otherwise you will be wasting your time. In turn, a publisher or agent won't touch something like this without the legalities figured out.

laketta said:

Well it was not meant to steal. I wanted to write the company who owns the character and present them with a background story since rumors of a redevelopment of the game are surfacing. The whole franchise has so much potential but I was not sure on how to go about doing that.

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It's tough. So do you mean you want in on writing the game or do you want to write a novel or short story based on the character? If it's the game, they probably have in-house writers who work on the story. I'd start at the company website and see what you can find out, but like everyone is saying, it's hard to break in.

katiemac said:

A judge just ruled in Fox's favor, which means we fans don't know what's going to happen with the movie's release.

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I am in my happy place where the movie is still being released on schedule (which is, I suspect, a different happy place than Alan Moore's).

To the original post:

If the character only has a three line description, you could probably get away with using it as a jumping point for your own character but I suspect part of the draw is the ready-made world and built in fan base that would come packaged with the existing character.

Have you checked to see if anyone has the film rights to it already? Even if the game is out of rotation, someone may have purchased the rights.

Even if the rights are available, I'm not sure how you would go about writing it for profit.

Unfortunately, unless you're a previously published author with a track record of sales, they'll likely return your proposal unopened. Tie-in work for established franchises (Star Wars, Halo, etc...) are work-for-hire contracts, set within pre-established boundaries.

As others on this forum have said, I can only see it as a fanfiction for publication on fanfiction sites.
Publishing it or trying to make money off it in any other way might be asking for trouble.

> is now being sued by Fox

Fox is amongst the meanest company when it comes to protecting IP. It's not unusual to hear infringers saying they "have been Fox'ed', or "given a Fox".

> you should have all the legalities squared away first

Ditto.

-cb

laketta, if you are determined to try, there's probably no harm in sending a letter to whomever owns the rights to the game, outlining your proposal and asking for their input. The worst they can do is say NO.

At least you'll know and can either proceed with permission, or move on.