> Ole Sebastian Stein
>
> However, say I would
> be interested in using a Ravenloft novel as background and use the names
> from it (Van Richten for instance) in my setting. Is this possible? My
> intuition says NO, but then again I'm not sure.
Unique characters such as Van Richten are the property of WotC, and cannot
be used without permission. Other aspects of the Ravenloft universe
(including the title Ravenloft itself) are also part of that IP. Generally
speaking, the elements of that universe which are unique and specific are
also the property of WotC. It would be possible, but difficult, to create a
work set in the Ravenloft universe that did not infringe upon WotC
trademarks. In such a work you would have to rely on the user of the work
to make the connection between your work and the Ravenloft campaign setting.
> I got even more uncertain when I downloaded the "Book of S____" series
> net-books from the official Ravenloft site ("http://www.kargatane.com/")
> and read in the beginning (quote from "Book of Souls"):
>
> "Legal Notice:
> AD&D�, RAVENLOFT� and MASQUE OF THE RED DEATH� are registered
> trademarks of
> TSR, Inc. This book does not represent a challenge to any TSR-held
> trademarks. TSR is not affiliated with this book in any way.
> All articles
> are copyrighted by their respective creators.
> This netbook may be reproduced for personal use, but may not be used to
> generate revenue."
>
> What does this mean?
Netbooks are part of a group of potentially-infringing works that are
tolerated by WotC through their online policy. The legal statement is an
acknowledgement that the various trademarks contained within the netbooks
are the property of WotC. Trademarks are different than copyrights - they
must be defended if they are challenged, lest they fall into the public
domain.
>May I write something that includes TSR
> trademarks but
> I still hold the copyright and doesn't risk to get sued? What about the
> "revenue" part? If I find another license that says something
> like "you may
> take this and do whatever you want with it as long as I retain the
> copyright and you make your changes visible, and as long as nobody is
> allowed to make revenue on it". Can I then use TSR trademarks?
If you use WotC trademarks, you are opening yourself to a suit. WotC has a
policy about certain electronic works (netbooks, web sites) that they
tolerate but do not grant explicit permission to create. This is a gray
area - is official tolerance the same as permission? Only a judge could
decide.
The 'no revenue' clause is part of the online policy, rather than a special
exception in the law. Whether or not you make money on a product has no
bearing on whether or not it infringes on another person's copyright.
(There is an exception under Fair Use, but that doesn't apply here).
> I am bevildered.
You are not alone. Only an IP lawyer really understands this stuff. The
rest of us are just faking it. You can read the online policy at WotC's
website (I don't have the exact link, perhaps someone here can provide it).
-Brad
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