No because waking up from amnesia and trying to work out what happened is a common trope and a general theme. If you take a storyline from them (lets say it’s a teenager who goes exploring in a cave that turns out to be full of hostile small purple aliens which implant them with a mind control chip, and they wake up in an alleyway with amnesia and start getting flashbacks of memory they’re putting together about how they’re going to be used to infiltrate the MIB and set off a bioweapon to destroy humanity… Then yeah, that’s copying.
CC0 works are a special example because people are citing that they’ve often taken more inspiration from an existing work than may always fly if the story was still copyrighted. It’s ok by law because either the author has released it into the public domain by choice, or it’s so old someone else might as well keep it in memory by reimaging the work into modern times. If anything public domain based works can frequently be used as an example of what not to do with someone else’s exisiting game or WIP without permission, and the legalities of using the original vs derivatives of the original can show how naunced that distinction can be.
Hmm not exactly. Obviously word for word copying is plagerism. There’s definitely a question mark over how similar you should make a game to someone else’s original idea because you like it (not themes or tropes.) It’s hard to give a black and white ruling here, but if you decided to “take a similar approach” and following a story I really like but “not exactly” that would start to ring alarm bells for me personally if I found myself doing that and I’d want to sit down and decide where it was sitting on that line between originality and plagerism. It’s going to be case by case.
Edit: By the way, hope I’m not coming across as nasty here, that’s far from my intention. I think it’s a good discussion to have, and one that’s not always black and white in all cases I’m possibly a little extra hypersensitive to the legalities of this sort of thing due to my background writing academic papers where you must cite all your sources and using too much of anyone else’s work or taking their ideas to use yourself before they publish without permission can have very serious accusations of plagerism and/or unprofessional conduct leveled against you. You do need to be very careful to keep your work independant as much as you can to stay in the clear.
On the topic of how close stories can get to each other without being considered infringement, I have a few loose thoughts:
In storytelling in general, there tends to be certain tides or waves of topics becoming popular at times, with lots of people writing similar things, to then kinda disappear again. I have definitely seen that happen a lot here on this forum throughout the years.
I especially (and vividly) recall that one year, where in a span of a few months, around 10+ new WIPs appeared, with very similar premises (fantasy, MC is royal/noble child, disliked/bastard/outcast for some reason), all starting with the MC being born, or being a small child, and just generally being very difficult to tell apart. And they were still not the ‘same’ story, and was all planning to develop in different directions.
Then there’s all the stories appearing both here and on itch, that is extremely clearly taking inspiration from Wayhaven.
There’s some natural developments in what mechanics are common, and considered ‘the right way’ to do things. It evolves over time, based on discussions here, and authors slowly experimenting.
Both stories and mechanics aren’t necessarily inspired by one single source, but can emerge simultaneously in multiple minds, based on many factors.
Seriously. Being an extremely slow writer, for whom life constantly gets in the way, I cannot tell you how many, many times I have written down a story idea, or a mechanic, or a way of doing things, and then a few months later, a WIP or two will appear with very similar plots to my idea, or the mechanics I felt like I came up with (and didn’t talk about really) will have become the common practice in these communities, within a year or two.
Market tendencies and natural developments of media, is very much a thing.
Basically any of you are none speaking of anything borderline to infringement or stealing.
All your examples are transformative enough to be fair use or have permission so I don’t know where the issue is.
To be infringement it has to be similar direct scenes, similar to borderline same characters and not to be with a satirical caricature transformative nature.
all your examples are fair use, none are stealing.
Edit that or Copy mechanical stats and or code in more than 3/4 as has to be grossly copy
My personal opinion is that it’s fine if the author has explicitly said their WIP is discontinued.
Otherwise, if the author eventually comes back, there’ll be 2 stories with very similar plots, and at the time of publication (if the authors want to publish their works of course) I doubt they’ll accept both stories, plus, people will always compare one with the other, that would be unfair for both authors.
Though, I disagree with people that commented above saying that another person can’t continue the same story that has been discontinued, because, why not? As long as the author had explicitly said that they won’t continue the WIP I think it’s fair for the readers that another person could continue the work that’s been abandoned, though, that new person should credit the author and ask if they can write their story for them.
I would never advocate for something that would operate outside of explicit consent from the authors. Any ‘automatic’ system would get an auto veto from me. Additionally, I don’t think people have a right to yoink other’s characters or the like, that is completely different from using a similar premise for your own story, and quickly takes you down ‘yikes’ road.
I think you misunderstood what I meant but I don’t want to derail the thread so in short there’s nothing ‘automatic’ in how you adopt someone’s fic or OC nor do you ‘yoink’ anything, what I’m talking about is a thing in fanfic where an author would just go ‘I’m dropping the fic so whoever can continue it or take whatever they want’ or specifically give the story and / or characters to someone else.
Similar plots wouldn’t be a bar to publication with Hosted Games. There was actually a case a few years ago in which two games with the same elevator-pitch premise were very nearly published within a few weeks of each other. There was so much similarity in places that one of the authors had to rewrite some scenes. In the end, one of the games was removed from the publication schedule, but that was due to an unrelated issue.
And it certainly wouldn’t be unfair to both authors. If you create a work that substantially builds on that of another, or takes obvious inspiration from it, even in the most acknowledged and above-board way, you don’t get to complain about being compared to the original.
Because a person’s words and ideas are that person’s property. They can do with it as they wish, and that includes abandoning it. If you resume someone’s discontinued story without explicit permission, you’re stealing. Period.
There could be a thread for it. An “adapt my WIP” thread. If the author has decided they won’t continue that story and are ok with people using some of it, they can post that announcement with a link to the original thread. Then people who decide to take on an element (or more) can reply saying what they want to do. That way other people can see what’s being done with it
For any future court and law endeavours that could happen to any of my past current or future works Here I public decler that I have not given any consent unwritten or otherwise to any of my project material being reproduce totally or partially with same name or other being released by others taking my name in its credits or not. And shall not respecting my will I will defend my author rights fully as law and customs allow me or my heirs.
Haha–!! I don’t think even if we discuss the prospect or our own ideals this would service as any reasonable sort of relinquishment of our rights to our copyrighted works. I would hope it not so easy for such a thing, at least…
I think it may have been your wording. It’s not so much that they should ask and credit the author, it’s that it’s mandatory to do so in every conceivable way.
The “discontinued WIP” thread isn’t a bad idea in theory, but I would be surprised if anything came of it in practice. Few authors are going to be willing to relinquish total control, even of works they have no intention of continuing - and it could very easily end up with two authors butting heads, or fans of the original WIP getting upset, or both. Sure, you like the idea of your favorite abandoned WIP making a comeback, but will you still feel that way when you learn it’s genderlocked now? or your favorite RO ended up on the cutting-room floor? or the new author is determined to incorporate a trope you find distasteful?
You have a point, and this also opens another debate: How much can the new author change from the original story? What if an author gives you permission to continue their story but doesn’t specify if you can make radical changes to the characters or plot?
It is not relishing control. Your projects are your property. People don’t go grabbing old Ips games with projects cancelled and making profit from their writing rights.
Try to publish a cancelled zelda 3 of Nintendo or a old IP from EA
I’m possibly a little extra hypersensitive to the legalities of this sort of thing due to my background writing academic papers where you must cite all your sources and using too much of anyone else’s work or taking their ideas to use yourself before they publish without permission can have very serious accusations of plagerism and/or unprofessional conduct leveled against you. You do need to be very careful to keep your work independant as much as you can to stay in the clear.