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Is it a copyright infringement to create a game based on a book while retaining proper names?
I am making an android game based on the book. Well, the Lord of the Rings, for example.
I plan to keep the proper names of characters, objects, cities.
I also plan to keep the overall plot of the book.
But at the same time, in order to create a full-fledged game, I also plan to completely rewrite the description of those same characters, objects, cities.
All graphics will be rendered differently. The music will also be different.
Would this be copyright infringement?
All that Google has found is that people change names there, etc. I'm interested in the conservation issue.
I also saw that they were advised to apply to the publishing house for permission (the author is an American, died).
And where exactly then to apply if the game will be in Russian and English? To a foreign publishing house, and not to a Russian one, or both?
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Everything is not so clear.
This is a rather complex legal issue.
Names, characters, plots are of course protected by copyright. But how long it works is the main question. After all, no one will follow you for using the characters of Pushkin's Tale of Tsar Soltan. For one simple reason - a lot of time has passed.
According to Russian laws (this is just an example, completely different rules may apply in Britain or America), the exclusive right to a work is valid for the entire life of the author and seventy years, counting from January 1 of the year following the year of the author's death (Article 1281 of the Civil Code RF). That is, if Tolkien died in 1973, then until 2044 the exclusive right to his work is protected by Russian laws.
These rights are no longer held by Tolkien's relatives. Here are a few facts about the fate of the rights to his work: www.aif.ru/culture/movie/1077851
One thing is for sure, the rights to The Lord of the Rings are now in force and very seriously protected by its owners. If we are talking about some more ancient work, then there may be such a situation that the rights to this work are not protected now.
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