NO PAY - Graphics for a game (THAT I AM NOT SELLING)!!!

FenixRoA · 08-27-2004

This post will explain some of the background and legal issues, read this only if you are unclear about any of these matters.

The next post will explain what I am looking for.

First of all, I already tried this on another thread and it eventually spiraled down to a discussion of copyright infringement so let me get this out of the way.

A) YOU WILL PROBABLY NOT GET PAID FOR THIS!!! - Anything you send me will be considered a donation to my project.

B) This game WILL be similar to the popular (but nerdy) board game Risk. The title will NOT be 'Risk' nor will it be any derivation of the word 'Risk' such that it would be considered a copyright infringement. The game will hold similar aspects, but IF I were to ever even CONSIDER selling the end product, be assured that I will be taking it up with legal professionals who will advise me as to all the copyright infringement laws. Also please note that Hasbro has the copyrights for 'Risk' and the only thing that they can sue me for is profits, which will be no greater than a couple of hundred at BEST, and they would be hard pressed to get any income out of such a lawsuit, considering they'd have to sue me here in Canada (cross-national lawsuit). But it shall not come to that, since the legal professionals shall warn me of ANY copyright infringements I am committing, and also by you, the author, giving me your work the copyright becomes mine, and thus I will be the one who bites the bullet anyways.

-----

Heya BioRust.

Some of you might remember me from back in June, when I was working on a RPG game. I promised that I would one day return to ask for your help one more time, and here I am.

The particular RPG I was working on has been put on hold due to a lack of interest. The RPG will be my own personal project I shall continue at a later date.

I am now working on a game based on the popular (kinda nerdy) board game called Risk.

I have created a main menu and some of the simpler game concepts (picture displays, Map navigation(ie. press left and you see a little to the left side of the map, etc.)). But now I am turning to BioRust, to aid me in this game.

Before I tell you what I need right now, let me start by telling you that you will probably NOT be paid, as of right now I have no intentions of selling the game, however if interest is high enough I will publish a full multiplayer version of the game for sale. If you are looking to make yourself a little extra cash, I'm sorry but I make no guarentees you get paid. You will be fully recognized for your artworks in the credits page, and if this project ever does make it off the ground I am willing to split the profits (if that should ever happen).

Now, for those of you still reading, here's what I need for now:

A map of the earth (Be AS creative as you can, draw in mountaneous regions, etc.)
Plz note that country borders are not to be placed on the map. The borders required will be similar to a normal Risk board borders and can be viewed in the attached picture (no numbers plz and also note the overwater connectors and I drew in a line between 31 and 18 and know that 31 and 16 ARE connected). Also the land needs to be in the same color groups. Water is to be replaced with black (R:0,G:0,B:0), and pure black can not be used ANYWHERE else in the map (instead use R:1,G:1,B:1). The dimensions for the map MUST be 3072 X 2304. I will be accepting ALL file formats that can be opened in Adobe Photoshop 7.0.

I will also need a small tileable water animation. Each frame of the animation is to be seperated in to it's own file and numbered accordingly.

Please note that this is obviously a game of war, so the map should be dark (maybe a dark bluish tint to it).

For more information please email or message me at fenixrod@msn.com

Thanks again for your time and consideration,
FenixRoA

Order · 08-28-2004

Moved to marketplace, but be warned this is not a paid thing.. but it belongs in marketplace non-the-less.

jonbalza · 08-28-2004

I don't really see how you could ever sell this game, unless you are planning on getting the rights to do it from Hasbro or something like that. Besides, they already have several computer games out based on Risk, a couple are pretty good.

http://www.gamespot.com/pc/puzzle/risk/

**Man1c M0g** · 08-28-2004

I agree with JonBalza - even if you develop a stonkingly brilliant version of this game, you will be unable to distribute it without Hasbro's license.

FenixRoA · 08-28-2004

umm...
i think u misunderstood.

First of all, I am not making a replica of Risk... Just a replica of their map (which btw you can only have a copyright license on a specific copy of the map not the map in itself).

Second of all, I won't be using the name Risk in the final version.

Third of all, I do NOT intend to sell this game! IF I find interest high enough I will sell it, and Hasbro can say as much to me as the author of Tetris can say to the 3D Tetris ppl.

I understand if you do not wish to committ to anything where in all probability you will not get paid, but legal issues are NOT my concern right now. I have been programming simple stuff since I was eight and now this is my first big project (to sorta start up a portfolio).

Please note that although you have made the pictures for me you did not sign a contract clearly stating that you are being paid for these services, therefore you are not legally liable for selling trademarked items, the selling starts with me (if it does) and I'll be the one to bite the bullet, so don't worry about that.

If you would however like to donate, I appreciate any time and effort you put towards this project but I kindly request that you leave everything relating to laws, programming, etc. to me.

Again I thank you for your time and consideration, and I hope to hear from you soon,
Fenix RoA

jonbalza · 08-29-2004

Quote:

Originally Posted by FenixRoA

If you would however like to donate, I appreciate any time and effort you put towards this project but I kindly request that you leave everything relating to laws, programming, etc. to me.

Thanks but no thanks, I don't really feel like donating to your cause right now.

Quote:

Originally Posted by FenixRoA

IF I find interest high enough I will sell it, and Hasbro can say as much to me as the author of Tetris can say to the 3D Tetris ppl.

Let me reiterate what I said: "You WILL NOT be able to sell this game." Not unless you pay some serious cash over to Hasbro.

Not that you can't make it... go ahead and make it and throw it in your portfolio as a fun addition, but I'm fairly sure that not only does Hasbro own a copyright on the map (including layout of the countries, not just the design) but also one on the name "Risk". Also probably a patent on the method of playing the game, and several other methods to protect their intellectual property.

Speaking of intellectual property, if we don't sign a contract and I give you this map that I might make, I could be held liable because the map would still be MY COPYRIGHT, as it is my work. That means if you give it to a couple of your friends to play, who then pass it around to their friends, who sends it to Uncle Jim in Wichita, KA, who happens to work for Hasbro, USA... I could get sued for copyright infringement. Besides all of that, just because it isn't written doesn't mean a contract isn't implied by all this communication here on the board.

As to the "3d Tetris" people... They probably paid through the nose to use that name in their game.

FenixRoA · 08-29-2004

Jonbalza,

First of all,
http://www.copyright.gov/circs/circ1.html#wccc

this site clearly states the following

Quote:

The copyright in the work of authorship immediately becomes the property of the author who created the work...In the case of works made for hire, the employer and not the employee is considered to be the author.

Please also note that "works made for hire" is defined as:

Quote:

a contribution to a collective work

So, once more I am the one who bites the bullet.

Also, you may note that these are the US Copyright laws and as such applies to any lawsuit Hasbro would want to put up against me (which by the way would be VERY expensive considering it would have to be a international lawsuit since I live in Canada).

Not to mention, that I did say in the last post that I will NOT be using the name Risk in the final version and also I will be using a slightly different method of play.

Secondly, I care about as much about this as I do about another hole in my head. While I have kindly noted your concerns, if you do not wish to donate anything I must respectfully ask that you not contribute further to these discussions, please know that I am not trying to start up any form of discussion in this thread, I simply need some graphics for my game, and was wondering if the BioRust community would be in any way interested in donating some of their talents and skills.

Once more I do appreciate your time and consideration,
FenixRoA

jonbalza · 08-29-2004

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.

FenixRoA · 08-29-2004

This particular project DOES fall withinwithin one of the ten categories of works listed in part 2 of the definition, and the discussion we're having right now could be considered a written agreement.

Now please note for the third time, that I have NO intention of selling this game!!

I simply said that I will look into the expenses and legal issues with a legal PROFESSIONAL before I attempt ANY such thing. So Jonbalza I respectfully request for the third time that you leave any such legal issues to the professionals (which btw is unlikely to happen since it is unlikely that I will even attempt to sell the game).

Thanks once more for your time and cooperation,
FenixRoA

FenixRoA · 08-29-2004

What's more this thread has become a thread geared towards legal aspects of copyright infringement, so I shall be starting a new thread for the graphics for my game, and this thread can continue with its current topic

jonbalza · 08-29-2004

Hey I'm done, so no need to start a new thread. If a Mod wants to "fix" it, let them.

ConceptualMind · 08-29-2004

There's no reason to make 2 threads about the SAME thing.

Threads merged.

FenixRoA · 08-30-2004

Moderator PLEASE "fix" this thread...

ConceptualMind · 08-30-2004

What do you want "fixed"?

I'm not going to allow you to have two separate threads in The Marketplace. Please keep all posts about your game within this thread.

Leave all posts about legal aspects here for future references, in case anyone wishes to help.

Order · 08-30-2004

The point of a thread or topic is this, it contains one thing, and legal information about a risk clone wil be kept in this thread. Both me and S2F will be monitoring the thread from now on.