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Seems like someone has beaten me to it!

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swamped_rice_paddy
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Joined: 04/06/2014

Hi there everyone,

I have designed a board game that is set in feudal Japan. The objective of the game is to become Shogun, which can be reached through several means. It is a game of strategy, diplomacy and conquest, that emphasizes the chaos of the 'Warring States Period' in Japan. Players take the role of Daimyo (feudal rulers/military commanders of that time) and look to either seize control over the capital or annihilate all other Daimyo in the game.

Some of you, who may have similar interests in such themes, may already get at where I'm going with this...

I had thought that this was a completely unique concept that was never explored with board games, in fact the initial reason I created it was so that I could simply have fun with family and friends in simulating these historical events from Japanese history.

Saying this, I was completely wrong there!! It was only recently, in trying to do further research on the theme that I stumbled across something that I still can't quite get my head around. It seems that the very year that I was finalizing the workings of my first prototype and rule book, that a very similar game was actually published and released to the public (2008). This game is called 'Senji' by Asmodee.

With further research, I have discovered that the mechanisms are quite different, along with the 'Rules' and artwork (which I have illustrated myself thus far). The concept of the theme is however very similar between the two, if not considered identical, and of course both use geographical Japan as the map/setting.

I would very much like to publish this game, that I have put a lot of work into, but believe that 'Senji' is protected with copyright. I would NOT want to run the risk of being fined for copyright infringement, especially for something that I consider completely my idea ^_^.

PLEASE HELP!! Can anyone tell me whether I may be breaking copyright laws, and if so what alternatives I could explore??
Thank you.

Corsaire
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Joined: 06/27/2013
It's your idea and not

It's your idea and not copied, that's enough. I have at least two games in my closet on the theme, all made before 1990.

swamped_rice_paddy
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Joined: 04/06/2014
Copyright/Patents - what do they cover?

Thank you Corsaire. So, I guess it's not just the fact that the same theme, but there are also some other similarities eg. both use Daimyo as player characters, erecting castles, the fact that they both use a point system to achieve victory (ie, players must obtain a certain number of points accumulated in various ways to prove their worthiness as shogun).

If copyright/patents do not cover such components to the game, what do they cover?

tuism
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Joined: 01/14/2013
There are a million games

There are a million games that have miniatures, standing on blocks, uses cards, fights dragons, and collects loot. There are many more train games that use victory points and cards. Etc etc.

Two games can very easily be completely different even if they have the same theme. The fact that that one's called "Senji" doesn't mean you have to call yours "Senji". I can recall a couple other similarly themed Feudal Japanese game.

The point is that if they don't play the same, they're not the same. Whether they do play the same or not you'll have to try the other one out and see for yourself, but I'm willing to bet that they're not the same.

Copyright covers the writing and imagery created, and is in effect as soon as the creation is... created. One of the best way of enforcing copyright is to prove it by reputation - that means if you blog about it, if other people know about it, etc, it's easier to enforce.

Trademark covers specific symbols and designs, like a logo or a name.

Patents are special and need to be applied and gotten from the government and covers concepts. For example, Wizards of the Coast has a patent on the concept of "tapping" a card - that means you can still use the mechanic of turning a card 90 degrees to show something, and calling it "exhausting" or "buggering" or whatever, but not tapping.

Lofwyr
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Joined: 02/16/2010
Harmony in duplicity

First, I'm not a lawyer.

A copyright covers the specific wording of a written material. This does NOT include the method of a mechanic. An example of this would be an "Armor Save" from one game that is achieved by rolling above a target number on a D-6 and a "Saving Throw" from another game that is achieved by rolling above a target number on a D-6. These are rules, no copyright can be applied and so long as the text in which they are expressed is unique to each rule there is no conflict here.

In plain terms, there is a reason that games frequently copy rules from each other and never see trouble over it. Someone cannot "Steal" the Draw two cards and put one in the "Waste pile" , "Garbage" , "Graveyard".

Patents on the other hand pertain to very specific things and, in the case of the example above, are exceptionally specific. As shown above the mechanic of having a card turn or "tap" to express its action and that it is now waiting to be "untapped" is very specific. Other card games could use this exact same rule just so long as it was expressed differently and, most importantly, called something else.

My cards don't tap they "Expend" themselves and flip over onto their face. This is, in essence, tapping a card, but is expressed uniquely and certainly wouldn't infringe on a patent.

Last but certainly not least PLEASE don't follow advice that sends you off to peruse "Wives Tale" or "Pretender copyrights". While by the law it IS true that a published material is considered copyright your only hurting yourself and presenting a VERY weak case (if any at all) that the material is yours.A judges first question to you will be "Why dint you get this material copy written" if your answer is "I dunno" your gonna be up s**t creek.

The US copyright office has a great list of rather humorous actions people take thinking they are protecting their works that include mailing items to themselves etc. All of this is absolute fantasy and has no legal value whatsoever (as they state on the website).

Fact: A copy of your written material can be uploaded to the copyright office in about 5 minutes.

Fact: The cost of uploading your material and gaining a copyright is 45 dollars.

Fact: You WILL be protected once the material is uploaded to the library of congress database.

It takes five minutes, requires minimal effort, it's cheap, and.....it ACTUALLY protects your works.

Finally, on the topic of your game, its lame to copy people, it sounds like your trying NOT to copy this other creator. Don't copy him, finish your game, stop doubting yourself or your product.

E

Samarkand
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Joined: 03/25/2014
Uhh, everything you create

Uhh, everything you create and make public in any shape or form is copyrighted to a certain extent, with or without copyright notice (post mid-90s), with or without anything sent to the library of congress. You just have to prove somehow you created it before the infringement took place. Sending it to the library is not necessary. Consult http://www.copyright.gov/circs/circ01.pdf

Groove
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Joined: 03/20/2014
"buggering"

tuism wrote:
Wizards of the Coast has a patent on the concept of "tapping" a card - that means you can still use the mechanic of turning a card 90 degrees to show something, and calling it "exhausting" or "buggering" or whatever, but not tapping.

Turn a card 90 degrees, you've buggered that card.

Brilliant, I'm using that all the time now.

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