Some Thoughts on Giving Credit Where Credit is Due @Wizards_DnD #copyright #DnD

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Having worked in intellectual property law, I like to give proper credit where it’s due. I found this meme and was looking for an excuse to use it.

As I was doing my research as to who produced this, I ran into an issue. I saw this shared on Facebook by a connection (I don’t remember whom), but they shared it from another source, so that person shouldn’t get credit. It looks like they got it from thekratorianchronicles via Instagram, but based on a signature of sorts within the image, thekratorianchronicles doesn’t seem to have created it, so they also shouldn’t get credit.

So, credit belongs to “HORRORFLIX,” but who are they? Searches via Instagram, Twitter, and Facebook yielded far too many entities for me to figure out who owned it. With no logo, Twitter handle, URL, or other unambiguous identifier as part of the signature, I can’t give proper credit despite how important I think that is.

Hint, hint, hint, creators.

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Dungeons & Dragons and Ravenloft are trademarks of Wizards of the Coast, LLC, who neither contributed to nor endorsed the contents of this post. (Okay, jackasses?)

Jurisdiction and Common Law Trademark Rights @lukegygax @TSR_games @tsrgames @Gygax_Jr @JaysonElliot @OrcishLaw #trademark #iplaw #DnD #RPG #TSR

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By now, most of you nerds must be aware of the newest incarnation of TSR (“newer TSR”). They exist despite the fact that the new TSR (ummmm, “new TSR”) hasn’t died yet. Among other well-known gaming people, Ernie Gygax serves as Executive Vice President. The idea behind the newer TSR is to recapture the magic (get it?!) of the old days of the original TSR and Advanced Dungeons & Dragons. Unfortunately, Ernie casted Dispel Magic in an interview that ruffled a lot of feathers. I’m not commenting on that. As I’ve said, this is a not a blog for political issues, matters of human rights, or nuclear war. That’s way too heavy for this blog. Besides, do you really need yet another voice in this massive choir of commenters? No, so instead I’m going to discuss an aspect of IP law that’s probably relevant to the case and many of you may not know.

Disclaimer

Okay, you knew this was coming, but it’s especially important here. This is not legal advice. All I’m doing is stating the law in the abstract. If someone, including either or the two TSRs, thinks it applies to their facts, then they can hire an attorney to get legal advice. But isn’t stating the law legal advice? No, it’s not. Anyone can state what the law is (e.g., “The speed limit is 55 mph.”). Only attorneys can apply that law to another person’s fact pattern (e.g., “The speed limit is 55 mph, you’re driving 65 mph, and therefore you’re violating the law.”). No district attorney is going to prosecute you for telling someone they’re speeding, but this is an easily digestible example to define “practice of law.” This is key here because I strongly suspect that I have only a fraction of the facts surrounding this case, so it would be impossible for me to practice law here. So I ain’t. Got it?

I’m My Own Inspiration, aka, The Tweet Heard ’round the World

This blog post was ultimately inspired by, well, me. That is, it was inspired by my response to Luke Gygax’s tweets with which many of you are familiar. Of course I was deflecting from the actual topic to the law. It’s what I do.

Trademarks and the Constitution

Oh, you thought you were going to get through this without any heavy-handed legal philosophy, didn’t you? Here’s some constitutional law, suckers.

The US Constitution defines a government of limited powers. That is, unlike the states, the federal government lacks power unless 1) the US Constitution expressly says it has that power; or 2) the federal government absolutely must have that power in order to use a power that the US Constitution expressly says it has. As for number two, nowhere does the US Constitution say that the feds have the power to enter into employment contracts, yet they must have that power in order to, for example, create the IRS and hire accountants, admin assistants, janitors, etc., because otherwise the power to collect taxes would be rendered useless.

This is not a controversial statement among lawyers, though lawyers are (believe it or not) human, so many of them sometimes ignore this principle as well because . . . okay, no pontificating. The notion that the feds lack the power to act by default seems to be lost on many people, but there it is. Accept it or deny it, but it’s 100% true.

Okay, back on point, the Arts & Sciences Clause grants the federal government the power to grant patents and copyrights, but it doesn’t mention trademarks. That’s left largely to the states. (Weird, huh? When have you ever heard of state trademarks?) However, there’s a back door that gets the feds into that game. The Commerce Clause allows the feds to regulate “interstate commerce” (i.e., business transactions that cross state lines). If a vendor in Arizona sells something to a consumer in Utah, then that sale could open the door to federal regulation even if the feds don’t otherwise have the power to stick their noses into it. So, the Lanham Act provides for federal registration of trademarks with the US Patent and Trademark Office only if the owner is using their trademark in multiple jurisdictions. If you’re using the trademark in only one state, you don’t qualify for a federal trademark. However, if you do qualify for a federal trademark, it applies across the entire United States. (Well, almost, which will be my ultimate point.)

There’s a limited exception for those with an “intent to use,” but I’ve given you enough to digest.

So what happens if you don’t register your trademark federally? As long as you’re using the trademark in commerce, you develop “common law trademark rights,” but unlike the federal trademark rights, those rights apply only in the jurisdiction or region where you’ve been using the trademark.

If you’re doing business in a large state, common law trademark rights may arise only in your local region. In that case, registering your trademark with that Secretary of State for that state would grant you trademark rights across the entire state.

Seniority of Trademarks

Okay, I’m finally approaching my point. Imagine a situation where I’m using a trademark, Bodine’s Bovines, on my cow farm in Virginia. Therefore, I have trademark rights only in Virginia. Only I can use that trademark in Virginia.

This probably ends as poorly for me as it did the MacDougals.

Next, Fred Bodine (no relation) opens a couple of cow farms, one in Utah and one in Nevada, both using the same Bodine’s Bovines trademark. He registers the trademark federally based on his use across state lines, so now he has a trademark that applies across the entire United States. Finally, I decide to open a second farm in North Carolina. I try to register my trademark federally, but Fred beat me to it, so my application is denied. Also, Fred sends me a cease-and-desist letter preventing me from using Bodine’s Bovines at all. Does he have a right to do that? In North Carolina, yes, but in Virginia, no. I opened my Virginia farm first, and even though I never registered the trademark with either the feds or even the Commonwealth of Virginia, my use in Virginia was “senior” to Fred’s use (i.e., because I used it in Virginia first). However, Fred can block me from using it outside Virginia because he registered the trademark federally before I opened the North Carolina farm.

What if instead I had a federal trademark based on prior use both in Virginia and North Carolina, let it lapse, and then Fred came along and grabbed it based on his use in Utah and Nevada? I’d still have senior rights in both Virginia and North Carolina.

Hint Hint GIFs | Tenor
Take a hint, people.

So, you can think of a federal registration as having the same effect of using the trademark in every state starting at the time you registered it. Where you got there first, you get to use it, but you’re blocked where you didn’t get there first. In a more complex case, you could imagine a patchwork of multiple, identical trademarks being used by several different companies in several jurisdictions, with one of those companies having a federal trademark covering the unclaimed jurisdictions. So, the company with the federal trademark could nevertheless be blocked from using that trademark in jurisdictions with senior users. This isn’t a far-fetched scenario, but if its mere possibility surprises you, then . . . surprise!

So, what happens next? Well, when the two parties each have something the other wants, they could strike a deal. For example, each could license the other the right to use their trademark in jurisdictions in which they’d otherwise be prevented from marketing. If both parties are on relatively equal footing, the license fee may be, I don’t know, as small as $10 per year. However, if one party doesn’t realize how much of an advantage they have or lack the funds to enforce their advantage, they may make the same deal.

Sound familiar? No? Well, too bad. I’m not getting into specific cases. 🙂

Epilogue

After completing this post, I found a relevant Twitter thread.

There’s a lot of overlap, but Orcish Law makes a few other relevant legal points and peppers in a lot more gifs. I left much of that out because I have a tendency to ramble, so I try to keep my posts as short as possible. We both included disclaimers though. It’s what we do.

If the trademark is valuable, and you can afford a lawyer, get one. Otherwise, you’ll have to either cut a bad deal or find a new trademark.

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Dungeons & Dragons is a trademark of Wizards of the Coast, LLC, who neither contributed to nor endorsed the contents of this post. (Okay, jackasses?)

In case the tweets are deleted, here are images of them:

Bruno’s Earth: I Just Had to Do It @Wizards #copyright #DnD #RPG

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I bought something that arrived on Thursday. It’s stupid, and it appears to be the most brazen example of copyright infringement since Napster (though with far fewer consequences). For that reason, I didn’t want to support it. But I had to. It cost less than $15 with shipping.

I discovered via Facebook a game system known as Bruno’s Earth. I’m not going to post photos because of the nature of the infringement. Instead, I point you to the Amazon listings.

Bruno’s Earth Game Book
Bruno’s Earth Creature Manual

This book shamelessly copies the artwork from the AD&D Players’ Handbook and Monster Manual (and perhaps others), including the covers of the books. There’s no way you know about these books and not know that it’s infringement, yet Wizards of the Coast, who enforces and threatens a hell of a lot more than they have any right to, has apparently taken no action. It’s bizarre. I’d be surprised to hear that Wizards licensed it, but it’s certainly possible. Until I hear otherwise, I’m assuming that. Besides, as Kermit the frog might say, “But that’s none of my business.”

Oh, by the way, I haven’t had much of a chance to review the material beyond the artwork, but I can tell you that it’s riddled with language errors/typos. I’ve been told the game system itself rather sucks. I’ll let you know what I think of that when I’ve had the chance to really look it over.

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Dungeons & Dragons is a trademark of Wizards of the Coast, LLC, who neither contributed to nor endorsed the contents of this post. (Okay, jackasses?)

Some More Wild Speculation on Margaret Weis, LLC & Tracy Hickman v. Wizards of the Coast, LLC Lawsuit @WeisMargaret @trhickman @Wizards @TheCancerThati1 @daflyondawall #WotC #DnD #RPG #Dragonlance

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I’m one of a wake of attorneys that was asked to comment on the recent filing of the above-referenced lawsuit. I’ve spoken my mind but always included my statements with the stereotypical legal caveat that we don’t have all the facts yet. This caveat exists for good reason and is clearly applicable here. All we have is one side of the story, and we don’t have the licensing agreement on which the entire case turns. Ergo, everything at this point is speculation, and I feel that there are enough people commenting that I don’t need to add to the chorus.

That said, there’s one thing that came up in a Twitter conversation that’s important to me, and I felt it was important to expand on it.

As I’ve written before, I no longer play D&D, but in my 19 years of playing it, I’ve never played anything in the Dragonlance setting, and I’ve certainly never read one of their novels. (I prefer non-fiction.) This suit has no bearing on my life personally, but certainly does so philosophically.

Why Do We Have Intellectual Property (“IP”)?

Many people assume that the goal of IP is to reward the creator, inventor, or producer. That’s incorrect. The reward is the means to achieve the real goal, which is to make sure that the public — you and I — has access to plenty of art (copyrights) and technology (patents); can instantly know whether they want to purchase particular goods or services based on brand names (trademarks); and have access to lots of other products not otherwise protectable (trade secrets). We assure that goal is reached by giving those creators, inventors, and producers a financial incentive to do what they do by granting them a “limited monopoly” on their endeavors. However, in the end, the point is to serve the public interest. If that interest isn’t being served, why grant the limited monopoly in the first place? There are several exceptions to IP that prove my point, but they’re not relevant here.

Campaign Settings Gone AWOL

Wizards of the Coast (“WotC”) owns the rights to several campaign settings that haven’t had anything significant published in years. We know that WotC will be publishing works within three classic campaign settings in the near future, but we don’t know how extensive those efforts will be, or what their nature will be (e.g., novels, campaign settings, living campaigns). However, it’s been a long time coming, and there are still plenty of other campaign settings that won’t be published soon. How long will we have to wait for those?

When I raised that issue via Twitter, someone with a better sense of their profitability pointed out that it made no financial sense for WotC to publish them. I believe him, and in fact it’s hard not to. After all, WotC isn’t publishing them (or is just getting around to doing so). Obviously, despite their popularity, WotC can’t financially justify producing them. A smaller (yet still competent) company could do so, but only if WotC’s contract terms aren’t so draconian as to make it unprofitably even for them. To my knowledge, this licensing is open only for novels anyway, so we’re still looking at the suppression of the IP with respect to the actual game where they belong.

My Philosophical Issue

The entire point of IP is to get that IP to the public. As steward of these properties, WotC should (not must) get that material to the public. However, the situation effectively uses IP to do the very opposite. The limited monopolies are being used to horde the material, so there’s no legal, viable means through which that material can be marketed to the public. That’s a big problem for me. As I asked above, what’s the point of granting the rights if it means the public won’t get access to the material?

Wies/Hickman v. WotC

According to the Complaint, WotC wants to walk away from the deal altogether. If that’s true, then WotC stands to gain nothing from the Dragonlance IP. We’re right back to square one with that property, but the important point is that WotC themselves have nothing to gain from the property, so they have nothing to lose if the property is transferred to Weis and Hickman.

There’s no legal basis of which I’m aware for stripping WotC of their copyrights in these other campaign settings, so I don’t want to see that happen by force. They acquired the property fair and square. However, if WotC is in the wrong here, and this suit gives Weis and Hickman the leverage to take ownership of the Dragonlance IP, WotC breaks even, and everyone else wins. I wouldn’t be upset if that happened. I suspect that if Weis and Hickman did get the license back, then they’d produce a lot more Dragonlance content than WotC ever would. When I suggested that on Twitter, I received this response:

Infer what you will from that. I did.

What are the odds of this happening? Probably slim to none, but wouldn’t that be something else?

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Dungeons & Dragons is a trademark of Wizards of the Coast, LLC, who neither contributed to nor endorsed the contents of this post. (Okay, guys?)

The Merger Doctrine of Copyright Law #iplaw #law #copyright

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This one’s a little dry, but it’s secretly relevant to the interests of the majority of readers of this blog. Also, it’s short.

A copyright protects the expression of an idea. For example, an author can write a poem about springtime, and because the text is sufficiently complex, it can give rise to a copyright as long as there’s at least some reasonable amount of creativity (a.k.a., originality) in that text. However, that doesn’t mean the author now owns the idea of springtime; the author owns only the particular expression of it (and all “substantially similar” variations of it). The reason the idea isn’t protected, but the expression is, should be obvious: If an author copyrighted the idea, then no one else could write about springtime during the life of the copyright. The public must be able to discuss springtime. It’s part of life. (Note: This is also why a single word is never sufficiently complex to earn a copyright. If someone could copyright the word, “spoon,” then the public couldn’t discuss spoons for quite some time.) On the other hand, the author’s particular expression of springtime can be copyrighted because there are a seemingly infinite number of ways for the rest of the public to write about springtime. That is, there are many other options that will allow others to write about springtime while still allowing the author the sole right to copy and profit off of their particularly clever and enjoyable expression, as well as any substantially similar variations of it. This is the essence of copyright.

However, what if there aren’t a seemingly infinite number of ways to express and idea, or what if all the other ways to express it are all substantially similar to one another? This is where the merger doctrine comes into play. In such a case, the expression is said to merge with the idea, such that the expression cannot be copyrighted regardless of how complex the expression is, and regardless of whether the author was actually the first person ever to express it. (In the case of my example of a poem about springtime, that was first done long before the concept of copyright existed.) This is an important doctrine for the reason given above: If not for the merger doctrine, in situations where there aren’t a reasonable number of options available to express and idea, then no one would be able to express it as long as that copyright exists. That is, the copyright would effectively extend to the underlying idea itself. Under current law, the term of copyright is far too long in my opinion, but even if the term of copyright were more reasonable, any amount of time to prohibit expression of an idea is too long. Fortunately, the law recognizes that.

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Rob Bodine is a Virginia attorney focusing his practice on real estate and intellectual property law. He’s currently Virginia counsel with Cardinal Title Group, a Virginia title insurance and settlement company. Rob is also a licensed title insurance agent in Maryland and Virginia.

The First Sale Doctrine #iplaw #law #copyright

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A copyright is a bundle of exclusive rights, including the right to make copies of an item, However, once someone purchases a copy of a copyrighted work, the purchaser owns that specific copy of that work. For example, if Ann purchases a copy of Bob’s book, Ann may not make copies of that book, but she may resell the specific copy she purchased without fear of infringement.

This gets a bit more complicated with respect to the resale of software. Most software comes with a “shrinkwrap license,” which is a contract packaged with the software. Under the terms of such a contract, just using the software is considered acceptance of the terms of that contract, and those terms indicate that software is merely licensed to rather than owned by the purchaser. If there isn’t actually a sale, then does the “no transfer” clause in the license prevent resale?

In Vernor v. Autodesk, Inc., Vernor was reselling unused copies of Autodesk’s “Release 14” auto-cad software on eBay. In determining that Vernor was a licensee rather than an owner of a copy, the Court developed and applied a three-part test: (i) whether the copyright owner specifies that a user is granted a license; (ii) whether the copyright owner significantly restricts the user’s ability to transfer the software; and (iii) whether the copyright owner imposes notable use restrictions.

Note that this is an exception applicable to digital works. In the context of nondigital, copyrighted works, the first-sale doctrine still applies but may be limited in cases involving illegally obtained goods. If you steal it, you can’t resell it.

Summary

  1. Once you purchase a copy, the First Sale doctrine allows you to dispose of that particular copy as you see fit.
  2. Most software is licensed, not sold, so the First Sale doctrine doesn’t apply.
  3. You can’t rely on on the First Sale doctrine when selling stolen goods.

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Rob Bodine is a Virginia attorney focusing his practice on real estate and intellectual property law. He’s currently Virginia counsel with Cardinal Title Group, a Virginia title insurance and settlement company. Rob is also a licensed title insurance agent in Maryland and Virginia.

Trademark and Laches: Enforcing Your Trademark #trademark #ip

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If trademark holders don’t maintain control over their marks, the law dictates that they’ll lose them. This results in some pretty aggressive behavior by mark holders that is often unfairly criticized by the public. The public needs to understand that businesses often can’t afford to lose that investment.

A trademark or service mark is a right to exclude competitors from using a catch phrase, logo, or other brand identifier (or one that’s confusingly similar) in connection with the competitor’s goods or services. A mark’s distinctiveness is defined by how strongly that association between the mark and the goods or services is to the average consumer. The distinctiveness of a mark can be derived from its very nature (e.g., how catchy it is), but also from its frequent and consistent use. That is, having a constant reminder of the association . Obviously, if a competitor uses that mark (or one confusingly similar), the mark will lose its distinctiveness. Because the purpose of granting the mark is not to reward the mark holder, but rather to provide the general public with a means to tell one brand from another, a mark that has no distinctiveness is useless. Accordingly, it’s well-settled that doctrine of laches applies to marks (unlike copyright). Laches commands that an unreasonable delay in enforcing one’s rights will result in a loss of those rights, so if mark holders don’t send out cease-and-desist letters and/or sue infringers, they’ll lose their investment and possibly have to start over again.

Mark holders are in a catch-22. If they pursue infringers, they’re characterized as heartless, greedy money-grabbers, but if they don’t, they could lose a lot … maybe everything. The truth is often somewhere in between those two extremes. As Mr. Vargas says, have a heart.

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Rob Bodine is a Virginia attorney focusing his practice on real estate and intellectual property law. He’s currently Virginia counsel with Cardinal Title Group, a Virginia title insurance and settlement company. Rob is also a licensed title insurance agent in Maryland and Virginia.

Fair Use as an Affirmative Defense #iplaw #law #copyright

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This post is about understanding the risk associated with relying on fair use. A copyright boils down to a “bundle of rights,” and when those rights are violated, it’s said that the copyright is “infringed.” A common defense to infringement is fair use, and I can’t possibly count the number of times someone contemplating making a copy has said, “But this is fair use,” often coupled with the dreaded, “No infringement intended” (as if that’s a proper defense). Everyone seems to think any copying they do is fair use. Well, it’s not me you have to convince.

Fair use is an “affirmative defense,” which creates two problems for you. First, to raise that defense, you’re often admitting that you’re liable (or guilty in a criminal case) of the underlying infringement. Boom! You just admitted you’re the bad guy. As a result, you run into your second problem: The burden of proof now shifts to you to prove that your offense was justified, and even in a criminal case, that shift doesn’t violate the Constitutionally-protected presumption of innocence. Remember, you already admitted you did a bad thing; you’re just trying to say, “Hey, let this slide, okay?”

If we were to apply this to any other crime or tort (civil wrong), it would sound crazy. For example, assuming you’re not someone who enjoys murder, which position feels safer?

  1. “I didn’t kill the guy.”
  2. “I killed the guy — shot him right between the eyes — but I felt threatened.”

Even assuming the truth of #2, #1 seems infinitely preferable (if also true). It’s a better position in which to find yourself. Nevertheless, people tend to infringe first and justify it second, seeing fair use as a quick and easy bailout. Despite a wealth of case law helping to define fair use, it’s still a vague concept, relying not on “bright line” rule that clearly defines it, but instead relying on a series of factors (discussed on my other blog) that have to be applied to your specific facts. You can’t predict the outcome of your case based on the outcome of another case with an entirely different, complex set of facts. If you miss one critical fact in your analysis, your defense crumbles. Moreover, successfully predicting the outcome of your trial doesn’t guarantee that you’ve successfully predicted the outcome of an appeal of that decision. The copyright holder knows that and is certain to appeal. That will cost you even more money.

Going back to the analogy, you shouldn’t go around bad neighborhoods simply because you suspect that, if you have to shoot someone, you’re likely to be shooting a menacing person, so you won’t go to jail. Similarly, you shouldn’t dive head first into infringement unless you’re willing to accept the consequences, whether they’re a finding of guilt/liability or simply a ton of legal fees.

Fair use is a well-settled defense to infringement, but relying on it is quite risky. If you don’t follow my advice to seek counsel when filing a trademark application, fine, but you better follow that advice if you’re planning to infringe a copyright that’s sure to be brought to the copyright holder’s attention.

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Rob Bodine is a Virginia attorney focusing his practice on real estate and intellectual property law. He’s currently Virginia counsel with Cardinal Title Group, a Virginia title insurance and settlement company. Rob is also a licensed title insurance agent in Maryland and Virginia.

Defending Copyrights and the Statute of Limitations #iplaw #law #copyright

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One of the most common mistakes non-lawyers make when considering intellectual property law is confusing the rules that apply to one form of IP with another. A good example of that is the misconception that, like a trademark, a copyright owner must zealously defend the copyright or lose it. That’s not true, but there is a statute of limitations. There’s a subtle difference between how these two ideas play out.

A trademark is any “word, name, symbol, or device, or any combination thereof” used as a way to identify a company’s products or services. If someone infringes a trademark, the owner must take action to protect it. Otherwise, the owner will probably lose the trademark. There’s no such rule for copyright. That is, the statute doesn’t state that the copyright is lost because it isn’t enforced, and the United States Supreme Court expressly held that the “laches cannot be invoked to bar legal relief” in copyright cases. Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. ___, 134 S. Ct. 1962 (2014). (The Doctrine of Laches is a defense to a lawsuit claiming that the plaintiff’s legal right or claim should not be enforced or allowed if there’s too long a long delay in asserting that right or claim, and the delay has prejudiced the defendant.)

Nevertheless, the law does provide a limitation on copyright suits at 17 U.S. Code § 507, which the Supreme Court upheld.

(a)Criminal Proceedings. Except as expressly provided otherwise in this title, no criminal proceeding shall be maintained under the provisions of this title unless it is commenced within 5 years after the cause of action arose.
(b)Civil Actions. No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued.

There is a statute of limitations of three years for civil cases and five years for criminal cases. This applies to a single instance of copyright infringement. If there’s an infringement on 1/1/2016, and another on 1/1/2017, then as of 1/1/2019, the infringer can’t be sued for the 2016 infringement (from three years ago), but the owner can still recover damages for the 2017 infringement (only two years ago). Therefore, the copyright still has value.

The nature of copyright is such that it’s likely that one infringement will lead to subsequent infringements, so this is no small point. For example, an infringer makes a photocopy of a book and distributes it to friends. Seeing how much this is appreciated, the infringer may decide to continue doing so over the few months (or even years). As long as the copyright is still valid, the owner will be able to get compensation for any relatively recent infringement. That is, even if the first infringement is too old, all the subsequent infringements could still be enforced because the copyright is still valid. With damages potentially being very high, that’s still quite valuable to the copyright owner.

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Rob Bodine is a Virginia attorney focusing his practice on real estate and intellectual property law. He’s currently Virginia counsel with Cardinal Title Group, a Virginia title insurance and settlement company. Rob is also a licensed title insurance agent in Maryland and Virginia.

Pinned Post: Looking at My Stats and Revisiting My #RPG #Copyright Posts

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The quarantine has me doing a bit of blogging lately, which means I’m also looking at my stats. With respect to my posts regarding copyright and RPGs:

The posts are broken into two separate issues. Part 1 and part 2 are about the copyrightability of RPG stat blocks, and part 3 (not relevant here) is about the OGL. As to the first issue, to date, part 1 represents ~30% of text by page count and has 17,037 hits (edit 10/20/2020: 17,667 hits), whereas part 2 (70%) has only 704 hits (edit 10/20/2020: 802 hits). Moreover, part 1 spends much of its text on going over basic copyright principles that don’t represent the actual argument. It’s clear by the stats and the basis of the criticism itself (often peppered with personal insults) that the vast majority of (non-lawyer) criticism I’ve received is from people that have read only 30% (at most) of that argument. I know it’s long, convoluted, and at times poorly written (mostly because it targets two very different audiences); and you’re under no obligation to read it (or even care about it). However, it’s all connected, and if you’re going to criticize it, you should probably understand it first.

Or not. Free speech and all that.

Endnotes:

  • Part 3 has only 703 hits (edit 10/20/2020: 849 hits), which is surprising. I thought it would be the most read post.
  • Part 3.5 provides necessary clarification and correction to Part 3.
  • Part 4 answers frequently ask questions and addresses frequently raised issues.
  • Over on a lawyers-only subreddit, the attorneys seemed to want to discuss only my side note on patentability of the Shadow of the Demon Lord initiative system. I guess it’s great that they all agree that my argument is trivially correct, but Rob Schwalb has seriously hijacked my glory. I let him have it when I saw him last February.

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