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Old 08-29-2004   #8 (permalink)
jonbalza
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Join Date: Jun 2004
Posts: 90

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As I am not going to be volunteering anything to this project, I simply want to state this as a warning to anyone who decides to help FenixRoA out.

The proposed project is not a collaborative work, and it is not a work for hire, as stated on the above-mentioned copyright.gov site:
Quote:
Such a work can be a work made for hire only if both of the following conditions are met: (1) it comes within one of the ten categories of works listed in part 2 of the definition and (2) there is a written agreement between the parties specifying that the work is a work made for hire.
As was stated before, there would be no written contract, so this could not be a work for hire. Therefore, anyone that makes this map could be held liable if FenixRoA does decide to sell this in the future.

Note that he doesn't have to use the name Risk for it to be a copyright infringement, even if he changes the rules. (For example, any game using the "tris" syllable in it's name and involving any type of falling blocks can be considered infringement on the Tetris copyright.) Using even the map that FenixRoA has given is probably infringement. The posted example is laid out exactly the same as the original map.

Now, obviously, anyone that is thinking about making a map for FenixRoA can make up their own mind on whether or not they want to do this, but be aware that doing work for free without a written contract and without knowing what the person you are making it for will do with it is a bad idea in general, especially when dealing with the grey areas of copyright law.
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