Copyright, RPGs, and Novelization

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Darkwing

So, I know that many of you aren't experts on copyright law and liability, but I'd just like to hear a few opinions about my situation. I'm really looking for a way to stay true to the vision I have of the world I created, but also move things around so they not only work in novel form but also so nobody can sue me down the road.

So here's the story. From when I was 12 to about 16, I ran a message board roleplaying game. It went through a bunch of incarnations, and by the time I finally had to close it due to lack of time, we'd played out (to varying degrees of success), a total of about 8 different storylines.

There had been talk for a long time about turning the story of the RPG into a series of novels. At one point I even discussed collaboration with one of the players whose mother was a published author, but those fell through.

Many of the most important characters were actually mine, so I don't have a problem there. However, while I played a big role in designing most of the storylines, there was a lot of input from players. And occasionally one of their characters became either important to the action or important to one of my characters.

I started writing the first book, and while the basic premise remains the same, I've made some huge changes in the realm of subplots and even major plot events. For the moment I'm using original character names (with the intent to change them later), but I'm making these characters my own, and I sorta regard the originals as something like a template or archetype.

Thing is, if someone who played the game read the book, they'd probably be able to say "Ah, my character was in love with X, and she was timid and bullied by Y, who was a snotty stuck-up troublemaker who hated X and claimed she was his girl. These characters look familiar!"

So where is the copyright line? Is it wrong of me to take a situation created by a collaboration with other people and play it out like this? How much does it need to be changed in order to make it acceptable? Change the names of main characters? Change the name of the world?

The website doesn't exist anymore, and neither do any of the message boards we posted on. I suppose people might have posts they saved on their computers, but it's probably unlikely. I have the website pages in my files, but other than that, nothing really survives of the site. It was always clear that I owned the site and the world, but never anything that said I took ownership of storylines and characters. I mean, I was 12, and I never thought I'd want to write a series of novels set in that world.

And before anyone says it, I know that everyone says you should never try to turn your RPGs into novels. I just have a deep attachment to this world and the characters I played, and I have confidence I could pull it off plot- and quality-wise.
 

Marlys

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Unless the people who played agreed otherwise at the time, they hold the copyright of anything they created. So, no, you can't just use their characters without permission. Changing their names isn't enough.

Is there any way you can get in touch with these folks? I'd think if things had been friendly, lots of people would be thrilled to say yes if you said you wanted to write a book using their characters, especially if you offer to thank them in the acknowledgments. Then get it in writing.
 

Darkwing

Unless the people who played agreed otherwise at the time, they hold the copyright of anything they created. So, no, you can't just use their characters without permission. Changing their names isn't enough.

Is there any way you can get in touch with these folks? I'd think if things had been friendly, lots of people would be thrilled to say yes if you said you wanted to write a book using their characters, especially if you offer to thank them in the acknowledgments. Then get it in writing.

I agree on the character thing, actually. The characters I've been writing into the novel mirror the originals mostly in the fact that they come from the same archetypes (main character's love interest, the villain, etc). And I'm beginning to identify ways I can change up the plot so the character relationships aren't exactly the same as the original.

I'm just wondering how much changing is enough in this situation. Obviously, in any other circumstance no one would notice these characters at all, since they're common archetypes. It would be easy for someone to claim, for instance, that their character had a relationship with my character Desperado (who is a main character in the book) in the original game, so it's obvious that the spunky mare he goes after in the novel must be her character in disguise. And I wouldn't be able to claim the mare wasn't based off the original.

Hmmmm.....I was going to say it would be completely impossible for me to contact the person who played that villain and love interest, but I just did a google and it seems she's been active on her DeviantArt recently-ish. I suppose I'll give that a try. All of the other people, though, are basically lost in the wind.

As far as storyline goes, how much is copyrightable? I was the one who compiled the narratives for each storyline we did, but I did receive plot input from other people.

Ugh, this is probably why I abandoned writing this series in the first place. Someone could just show up and be like, "I played on that site and you stole from me," and I don't think I'd be able to prove I hadn't, even if I did go out of my way to write different incarnations of the plotlines.
 

rainsmom

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There is a huge difference between an unscripted -- even GM'd -- role playing scenario and a published novel, particularly if your group did multiple scenarios. If you started putting together a novel right now, you would likely find that you very quickly needed to deviate from the characters as created because there wasn't enough history, weren't in-depth relationships, weren't established character arcs, etc.

Part of the problem with trying to novelize something like that is that people get stuck in "But this is what happened" or "But this is who the character was." Who cares? You have to be willing to rip it to its guts and rework it completely in order to make it work as a novel.

My guess is that by the time you're done, it won't be THAT recognizable. Characters need to serve the story -- the plot doesn't serve them. If someone created a character, and that character isn't what you need, then you cut him or you change him. It doesn't MATTER what was played. In fact, you may well find your group had too many characters, and they were too balanced. You'll need to alter to make some more and some less important and very their screentime according to importance.

Your friends own their characters... So don't refer to their character sheets, and rely on your memory. Create SIMILAR characters with different names that suit your STORY, not the game. Change the relationships. Add arcs and backgrounds that didn't exist. Make the new characters your characters.

Then thank everyone in your group in the Acknowledgment section for the *inspiration* of those RPGs. If you're not copying anything you didn't create, you haven't violated any copyrights.
 

Marlys

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As far as storyline goes, how much is copyrightable? I was the one who compiled the narratives for each storyline we did, but I did receive plot input from other people.

Ugh, this is probably why I abandoned writing this series in the first place. Someone could just show up and be like, "I played on that site and you stole from me," and I don't think I'd be able to prove I hadn't, even if I did go out of my way to write different incarnations of the plotlines.

I don't know if there is a certain set amount. If, within the story, any one of these people contributed an original creative idea and expressed it in tangible form (including text that is able to be read through a machine--for instance, posted online and read by computer), they own the copyright to that. I think it might be a mess to try to sort out after the fact, which is why I'd recommend trying to get in touch if you're going to use the stories you all collaborated on together. Or you might be able to rewrite to where you can do without the bits other people created.

Or...you say your board played out eight stories, and you came up with most of the storylines and important characters. What would the ninth story have looked like? Suppose you start there? You've done it before, you can do it again. Imagine that at the end of story eight, everything was resolved for those characters. It was an 8-part series, and it's over. Now your public is clamoring for more...

So: start the next series. Pick up with a new cast of characters, a new challenge for them to face. It might be more work, but it would all be yours.

Just a thought, anyway!
 

Darkwing

Very true, rainsmom. I've only plotted out the first book, and so far it has almost no resemblance to what really happened in the game. I suspect that when I try to make the others novel-worthy, similar changes will happen.
I definitely am fighting the "but that's what happened!" feeling. But I keep telling myself it'll turn out better if I fix things first.

I've actually forgotten most of the specifics of the original plots. I remember my own characters and the conflicts I initiated, but not more. And near the end I didn't post much at all, so I actually don't know most of the details of the storylines created purely by my players. But yeah . . . I think you have a good idea, Marlys. At this point I'm not sure how I can disentangle what detail someone else suggested and what was my own idea, so making up new stuff that maybe borrows a few broad themes would probably be safest.

I'm actually 100% certain that none of my players would ever sue me. In fact I think they'd be delighted to find I'd novelized the game. But of course unless I had explicit written permission, I'd have a fun time trying to convince a publisher of the fact. And I might be crazy, but I think the series could have modest potential along the lines of the Warriors series by Erin Hunter.
 

Momento Mori

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Darkwing:
I'm actually 100% certain that none of my players would ever sue me. In fact I think they'd be delighted to find I'd novelized the game. But of course unless I had explicit written permission, I'd have a fun time trying to convince a publisher of the fact.

You never know what people are capable of doing, particularly if they think there's a chance of getting some cash.

The main point here is that if you write the book based on the RPG (however you deviate from the original) and an agent takes you on and you get a publishing contract, you have to warrant to the publisher that you own all the copyright within the book and/or have obtained all relevant permissions. You then (normally) have to indemnify the publisher against costs associated with any claims brought against them for copyright infringement (including legal costs and any damages award).

So personally, I think it comes down to this: either (a) make damned sure that your novel has almost no obvious relationship at all to the original RPG or (b) decide to take the risk of someone coming out of the woodwork and start a law suit.

I don't think it's impossible to base a book on an RPG - I seem to think that Marie Brennan's trilogy about a parallel faerie kingdom was inspired by or started life as a role playing game. I do however think that there are certain risks and the only way to mitigate that is to make very sure that nothing you're writing copies the game.

MM
 

JimmyB27

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The website doesn't exist anymore, and neither do any of the message boards we posted on.
I don't know anything about the copyright side of this, but I do know that it's likely your website does still exist. Have a look for it here - http://web.archive.org/
 

Cyia

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I'm actually 100% certain that none of my players would ever sue me. In fact I think they'd be delighted to find I'd novelized the game.

Don't assume this.

Someone assumed I wouldn't mind their taking one of my original characters and putting him into their RPG as a major character without telling me. I found out through someone else, and I'm nowhere near 100% okay with it.

That character was a recurring component to one of my books that I had for years before this person hijacked him, but now it would appear that the RPG version came first. Not to mention they butchered him so badly that I couldn't stand to see my own version anymore :(

You're talking about making money off someone else's work - you don't get to do that.
 

Phaeal

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If you make enough money, someone's going to try to grab some, and whether they succeed or not, they can make your life a nightmare. Ask J. K. Rowling and Stephenie Meyer.

Anne Lamott has a suggestion for incorporating actual people into fiction, well, males at any rate: Give the character modeled from life a very small penis. Who's going to claim he was the inspiration for that character? Don't know if the principle extends to RPG characters, but might be worth a try. :D
 

Darkwing

^^;;;;;; I feel like I've made a bit of an ass out of myself in this thread. I don't think I've been articulating my thoughts well, and frankly it makes me look a bit stupid.

Please understand that I'm not trying to take someone's ideas/characters and justify it by saying "well I owned the game so now I'm writing some novels." I wrote as a roleplayer long before I had any goal of publication, and I lived by the #1 rule of roleplaying ethics: thou shalt not steal other peoples' characters. It's the reason I was never comfortable with writing fanfiction.

Granted, I provided a bad example. I'll own up to the fact that I've definitely got the "but that's the way it happened" blinders on with the love story. I may be able to solve that by contacting the person who played the villain and the love interest. But even then my stupidity stems from sentimentality and a (perhaps) misguided wish not to betray the characters' love.

What I was trying to figure out was where to find the line between inspiration and copyright violation. At what point have things changed enough? If I change the character traits of the love interest, can I have the MC--love interest--villain love triangle again? Or is that off limits because there was a love triangle in the original?

Or, in a different situation, if there was a conflict between races at some point in the original, is that something I can never use? Even if all the details and characters surrounding the issue are completely different?

I think what I really need to do is some research. If I weren't a broke grad student, I'd consult a copyright attorney. Obviously you guys don't know what was in the game and what I've changed since, and this situation is a tangled web because it was a long time ago and I can't contact anyone anymore.

It would be a lot easier if the whole story were less unique, but unfortunately no matter how much I change things, it's going to be easy enough for any of my players to guess that they've found my game-world in novel form. Who else would be writing about a bunch of horses and mythical equines that find a magical island and set up their society there? Plus my own characters will be recognizable, and if, in the interest of liability, I have to change them so they're not, there actually wouldn't be any point in me writing the book anyway.
 

LloydBrown

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I don't necessarily see any copyright problems.

It's not illegal to use ideas. After all, you're not likely to come up with anything entirely original, anyway. You can't copyright a plotline. You copyright words in a particular sequence. As long as you're not copying any text from the message boards, you're fine. If you are, then you're crossing a clear line.
 

Amadan

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And before anyone says it, I know that everyone says you should never try to turn your RPGs into novels. I just have a deep attachment to this world and the characters I played, and I have confidence I could pull it off plot- and quality-wise.

Good luck. Your "deep attachment" to your world and the characters you played makes it extremely likely that it's vastly more interesting to you than it will be to anyone else.

I'm actually 100% certain that none of my players would ever sue me.

Wait until you have a multi-million dollar Hollywood deal and then say that.
 
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