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How closely can a new game imitate an old?

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Anonymous

I am interested in making boardgames like the old Avalon Hill/SPI/GDW wargames, and I was wondering how far you can go in the design of a new game variant without getting into copyright trouble.

A company in Canada (L2 Design Group) has made several new games that they say are remakes of AH classics, like Bulge and Russian Front, but I don't think they had to pay anyone a license to do it. Another small company makes Panzer Leader "variants" modules, and they seem to use the exact artwork from the original.

On the other hand, the Multi-Man Press company purchased the right to reprint some actual AH games.

I want to make games that are similar to (but a little different and better than :) the old AH/SPI/GDW games) on a shoestring budget using desktop publishing. How far can a person go before they sick lawyers on you??

Zzzzz
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Re: How closely can a new game imitate an old?

Topos wrote:
I am interested in making boardgames like the old Avalon Hill/SPI/GDW wargames, and I was wondering how far you can go in the design of a new game variant without getting into copyright trouble.

If you are going to attempt to sell the game, it could get tricky. Also, it depends on what you are actually doing. If you attempt to use artwork or other tangible items from the previous games, chances are someone may raise a flag.
Topos wrote:

I want to make games that are similar to (but a little different and better than :) the old AH/SPI/GDW games) on a shoestring budget using desktop publishing. How far can a person go before they sick lawyers on you??

I would bet you could go pretty far, but once someone sees your game and thinks you are infringing on their proprietary work, watch out for the lawyer letter in the mail.

If you really think someone might come after you, I would suggest contacting the company. Ask to talk to someone about the right to develop and publish an add-on or game variant. You never know, they might have something crazy in place like Wizards of the Coast has for the d20 system!!!!!

larienna
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How closely can a new game imitate an old?

I think the best way is to get in contact with the original designers or company. Some people are really crazy about the copyright issue and they might sue you for just a minor detail.

Some other people does not care if they are not actualy publishing anything themselves. Also Remember that copyright stay for around 75 years. So remaking chess would be legal (^_^). Of course, you can always perform a parody of a game which is allowed by the american "Parody Act".

I have played a game called "bells of war" which is somewhat a remake of "axis and allies". The map is bigger and focus on europe. The rules looks alike but there are more complex add-on and they use D12 instead of D6. The game was publish successfully.

In the video game world, I have seen somebody lose his website because he had remaked metroid but the remake of Zelda remake "Zelda classic" is running at full speed with over 200 downloadable quest. Still, these games are distributed freely.

Anonymous
thanks

Well, I guess it's a matter of how you do it. I would never copy any artwork, but there are only so many ways to explain "area of effect".

I read that GDW started by a group of guys who sat down with some AH games and decided to improve upon them.

Rick-Holzgrafe
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How closely can a new game imitate an old?

You can't steal (or "re-use") artwork; it will be under copyright. You can't use the name; it will be under trademark. You can't copy the rules verbatim, because the rulebook will also be under copyright.

But you can make a game with different artwork and with rules in your own words, and without making any claim that your game is in any way officially associated with the original.

If (as you plan) you introduce some useful changes, variations, additions, a differently laid-out map, and so on, you'll have a sufficiently different game that I don't believe you can be sued. If it really isn't very different, you may not get much respect for it. :)

As for contacting the company, well, you can try. But their question will be "what's in it for us," and they will feel (rightly) that it's easier and safer to just say "no." I'm not telling you not to try it; just not to get your hopes up.

Disclaimer: I am not a lawyer. Also I am guilty of a knock-off game of my own, but not one I intend to try to publish. :)

Anonymous
How closely can a new game imitate an old?

>> If it really isn't very different, you may not get much respect for it. :)

Hehe. Good point.

larienna
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Link to another reply

Hi

I made a reply on the other thread. Don't want to recopy it. It's about the fact that copyright laws does not cover all aspect of a game.

http://www.bgdf.com/modules.php?name=Forums&file=viewtopic&p=19109#19109

Johan
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How closely can a new game imitate an old?

Hello

It's depending on why you are doing this:

You want to make a new version (generation) of a game: Not so good.
You want to add a new war, battle or battlefield with old rules: Could not recommend.
You want to reuse components from an old game: It could be OK if the only thing you do is present new rules, but I would check with the company that has the copyright of the original first.
You want to make a new better game with new rules and new graphics: Go for it.

L2 Design Group has copied a style of games, but not the games. SPI, AH, GDW Victory Games, Western End Games and others did similar games but not copies.

// Johan

jwarrend
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How closely can a new game imitate an old?

I think that one thing that you should keep in mind when asking this group for advice on questions like this is that we are, for the most part, designers rather than businesspeople. So, asking questions like this from a legal and ethical perspective, we can take our best guess or tell you what we might have heard, but you should be careful not to treat responses as being the final authority. (ie, if you get sued, saying "Someone at the BGDF told me that he heard it was ok!" isn't going to hold up. But you knew that).

I agree with Johan, I think the crux of the matter, from a designer standpoint, is to really address what your aim is with this project. If it's simply to make a great game, why not just start from scratch? However, I suspect that perhaps you have a deep love for these old games, and want to resurrect them, to update them for the modern world. I confess that this sentiment is foreign to me, but I could see how someone could have it. And indeed, the upcoming reprinting of the old gamemaster game Conquest of the Empire from Eagle games suggests that there is definitely a market for such things.

I would suspect that if the games you're updating are somewhat obscure, then chances are you're just doing this for yourself and your friends, and that's quite a worthy goal. But if you do seek to actually market your final result, I would try to do the following:

-- Get the permission of the original company. Forget about what you can legally get away with. Have respect for the folks who created these games that you love, and only proceed if they give you their blessing. You're not a priori entitled to cash in on someone else's idea, and the loss of credibility that you'll suffer if folks find out that you're selling an unsanctioned rerelease could hurt business.

-- Fix all known bugs with the games. This is crucial -- many old games hold a special place in people's hearts, but many also have flaws that various house rules have been derived to fix. Solve all of these kinds of problems with clever and innovative solutions, so that people are getting more for their money than just the original game in new clothing.

-Jeff

Anonymous
How closely can a new game imitate an old?

I, too, am not a lawyer and this is not legal advice.

I agree with the sentiment of what has been said so far, especially the sentiment that you are asking abunch of designers how close you can come to another designer's work.

I agree with Jeff and Johan that your best standing would be to start from scratch. The fact that your game is inspired by another game and bears a slight resemblance to some aspects of that gave can be overlooked if your game offers a different experience or a unique twist in its mechanics.

Topos wrote:
Well, I guess it's a matter of how you do it. I would never copy any artwork, but there are only so many ways to explain "area of effect".

It's true that most mechanics have already been used in some way or another, and I'm sure this is especially true of war games considering how many have been published over the years. Just try and make the game your own.

Anonymous
How closely can a new game imitate an old?

Thanks for all of the input, ideas and advice. It'd good to have a place to go to bounce ideas off.

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