Warhammer 40k mod trademark/copyright question

[raptorus]

Hello at all, it has been a long time thats I visited this forum

We(two persons) are making an Mod for Battle for Wesnoth, around 40% are done.

It is the World of Wesnoth in the dark future, where is only war ^^
So the elves will change to something Eldar/Protoss faction, undead to Necrons and so on.
Sure, we will NOT COPY the Units/Names of the Warhammer/Starcraft/Startroopers Universum, but you will see conformities in style.
We would like to name it Wesnoth 40.000
To be on the right side, I would like to ask:
We dont hurt any copyrights?

Here a image of the Space marine, you see we dont copy, we create a new style.

[Knitter]

Even if the style is a little different (from my low knowledge of WH40K it seems a lot similar), the fact that you're using names for units that are like those found in WH40K, and in most of Warhammer universe, will make you an easy target for copyright infringement claims.

As far as I know, Wesnoth is not a trade mark, if it is you may not use the name "Wesnoth" without permission, but that would be something you should ask the Wesnoth developers. As for Warhammer I would really recommend that you do your best to move away from the same setting. Don't copy the WH style and change the looks and names of units, try to make something more than just a clone with different names.

[Julius]

I think 40.000 or 40k in relation to games is trademarked... the company behind the warhammer game system is known to be pretty anal about their trademarks, so I would stay well clear of anything of the same or similar name.

However the overall setting is generic enough (see Starcraft, AliensVsPredator etc.) that it can be probably be used in a free game. Just make sure it is different enough not to be a strait copy.

That said... come on!!!... a bit of creativity is what game developers should have.
Nothing has its lifeblood more sucked out of than these Humans Vs NobleAlien Vs HivemindAliens setting.
If you want to get inspired by a SF classic at least choose one that has some life in it left... what about Niven's Ringworld? or even the Dune universe is still more interesting than that boring stuff you are proposing.

[qubodup]

We had a discussion about a Space Marine model on OGA regarding this topic: http://opengameart.org/content/spacemarine

"Wesnoth 40.000" indicates that you want to copy. If you copy, it could cause problems. If you are being original, then it's fine to take inspiration.

Personally, I prefer original games rather than clones of existing IP.

[raptorus]

thanks guys

[mdwh]

I don't think the OP is copying, they make that clear - unless person in big space-suit with big gun is copying, but on that level, *all* games have to build upon existing ideas - few games out there are 100% totally original ideas, because that's pretty much impossible. To those people who say they prefer original games, what games are you playing that are totally original?

Not to mention that Games Workshop took loads of their ideas from things like Lord of the Rings (e.g., Eldar based on elves, not to mention all their more traditional fantasy settings). Space marines are also a copied idea and name. Not that there's anything wrong with that - it's good to build on existing ideas. But I disagree with the idea that Warhammer is somehow original, yet anyone else is just copying from Warhammer.

Ideas aren't covered by copyright - but you do have to worry about things that are covered by copyright, as well as trademarks.

As for what to do here, it seems an obvious thing would be to avoid "40,000" as it just creates an obvious target for yourself.

No one can really answer whether you'll be sued - you can be sued by anyone, even if their claim is dubious. It's about minimising the risk to your project.

the fact that you're using names for units that are like those found in WH40K

The OP says "we will NOT COPY the Units/Names of the Warhammer/Starcraft/Startroopers Universum". Certainly yes, using the names such as Eldar would be a bad idea.

[raptorus]

Interested in a little bit of idea suggesting??

We could maybe use 45000 or maybe 4000
We want to create a connection between the name and the mod
for the user. So he can see what this mod will bring to his harddrive ^^
maybe somebody better suggestions?

[TheAncientGoat]

If you create a link, you put yourself at risk of infringement. Closed franchises don't deserve fandom, they suffocate creativity in the process of wringing out every last cent of profit.

[qubodup]

We want to create a connection between the name and the mod
for the user. So he can see what this mod will bring to his harddrive ^^

What do you want your mod to be?
"A Warhammer 40k mod for Wesnoth"? Then "Wesnoth 40k" would be suitable, but the license/trademark space would be gray area at best.
"An original Sci-fi mod for Wesnoth"? Then I'd recommend a name that is either original or Wesnoth-referencing only.

Open source code games are more valuable to open source gaming and development when they do not depend on protected/proprietary/non-free works. (Of course I don't know whether and don't demand that open source gaming/dev is important to you - compared to how important it is for you to create a work that is part of the WH40k universe )

[raptorus]

yeah....

i just read an interview what happened to the popular vassal-engine 40k mod....
...sad.

[mdwh]

I think trying to claim ownership of all numbers with a "4" in them would be mad (especially given the Intel/486 trademark story), but it seems sensible to just avoid any risk, especially if GW have a history of going after projects. Is there a reason you need a date with a 4 in there? (If the reason is to create a link between your mod and Warhammer 40K in the name - well, you're admitting your guilt;)) Just call it something else - you can still have your space marines and so on