Script for Game

If the character is protected under a copyright, you cannot use it without obtaining the rights. You could take the basic elements of the storyline, however, eliminate anything that personalizes it to Pickens, add your own elements - and use it. All plots are just rehashes of other plots. But if you were to lift her storyline (verbatim) and drop it in your game, you'd be violating copyright protections.

Some characters are in public domain. If you were to create a game with Shakespeare characters, for example, you'd be in the clear.

I'm not a great reader of mysteries, but I've never heard of Andrea Pickens, and I'm not sure if using an obscure author and an obscure plotline to adapt a game makes much sense. Do you think the author has name recognition? Do you think potential buyers (not just consumers but investors) will be excited over the use of the author's work in a game?

Nancy Drew games and Agatha Christie games make sense to me. Those names are recognized worldwide.

In fact, you'd probably be better off using Shakepeare characters. You don't have to fumble through the legalities of rights issues and the Bard and his vast dramatis personae are far more recognizable than Andrea Pickens and company.

OK, I'm being a little sarcastic (in suggesting Shakespeare), but you get the point.

I doubt Nancy Drew is in the public domain. It is possible that some of Agatha Christie books/characters are in public domain. Public domain means it is free for the pickings, usually because it's been around for a long time (published before 1923). If it's not in PD, people buy the rights to use their names and images and stories or there are licensing fees involved.

If you wanted to use nursery rhyme characters, they'd fall into public domain. But not true of Disney characters. (Although PD could be closing in on some of Disney's characters.) Dickens' characters are in public domain but not Harry Potter.

However, one has to be careful about the source material. For instance, while the works of Goethe are in the public domain, certain translations and illustrations could be under copyright to others. The music of Mozart is all in the public domain, but when the NY Philarmonic records Mozart, those specific recordings are protected. HAMLET is in the public domain, but the popular Folger edition (used in high schools around the country) is not in public domain. So, it can be tricky and complicated as you can see from this link:

http://www.copyright.cornell.edu/resources/publicdomain.cfm

Some Internet research or a lawyer could help you learn what is in the public domain.

Good luck.

creativexec said:

I doubt Nancy Drew is in the public domain. It is possible that some of Agatha Christie books/characters are in public domain. Public domain means it is free for the pickings, usually because it's been around for a long time (published before 1923). If it's not in PD, people buy the rights to use their names and images and stories or there are licensing fees involved.

If you wanted to use nursery rhyme characters, they'd fall into public domain. But not true of Disney characters. (Although PD could be closing in on some of Disney's characters.) Dickens' characters are in public domain but not Harry Potter.

However, one has to be careful about the source material. For instance, while the works of Goethe are in the public domain, certain translations and illustrations could be under copyright to others. The music of Mozart is all in the public domain, but when the NY Philarmonic records Mozart, those specific recordings are protected. HAMLET is in the public domain, but the popular Folger edition (used in high schools around the country) is not in public domain. So, it can be tricky and complicated as you can see from this link:

http://www.copyright.cornell.edu/resources/publicdomain.cfm

Some Internet research or a lawyer could help you learn what is in the public domain.

Good luck.

Click to expand...

Actually they call the new copyright laws the "Mickey Mouse laws" for a reason. Not because they are simplistic but because Mickey was about to become public domain when they passed the new laws. The new law makes the copyright extant until 70 years after the author's death. Since Walt died in recent memory, this keeps the franchise out of the public domain for years to come. Also, Mickey (aka Steamboat Willie) was Walt's first character so all the Disney characters will be out of circulation for years and years to come. Amazing what a powerful lobby can get pushed through.