Serjustin19 wrote: »Question. What if I originally wrote in a 3Rd party site originally. Different names (except for character names) do zos own that to?
Totalitarian wrote: »Serjustin19 wrote: »Question. What if I originally wrote in a 3Rd party site originally. Different names (except for character names) do zos own that to?
It's difficult to say. The Terms of Service state that "all Content...(other than game mods) that You create or develop using Content provided or made available by Zenimax, including...Content that You create or develop that is a derivative work of the Content provided or made available by Zenimax" is theirs.
Content = IP (intellectual property) created. It just means IP you create mentally and physically based on TES/ESO, isn't yours legally.
Content = IP (intellectual property) created. It just means IP you create mentally and physically based on TES/ESO, isn't yours legally.
It would be very difficult to uphold though, and here is the reason behind it.
Yes the world of Tamriel and the Elder Scrolls belongs to Bethesda/Zenimax without a doubt, right down to the characters and places within said IP.
This is where it gets sticky.
Anything you create within that world i.e. new characters and places along with new story ideas would belong to the author of that fan fiction.
The court though would most likely rule in Bethesda favour due to them having way more money and better solicitors than the average person on the street.
So I would say if you wish to publish your works and make money from it best talk to the guys at Bethesda first and see what they say. Not only would it be polite to do so and show a mutual respect towards them, but could also save a lot of grief.
I know some people are trying to change this law saying that big companies are strangling the creative ideas of the masses by doing this with copyright and with some companies they have changed their policy towards this to allow authors to publish their own works and make money from them.
Not sure where I stand on this though, if you spend the time and passion to create a world as rich as Tamriel would you want random people showing up and injecting their own drivel into it?
Or would you let them create and publish their own works about your world freely and let them get paid for the stories they create?
Bottom line we all know how much Bethesda likes to throw their weight around in the court room just look at the company who made Mojong Scrolls https://en.wikipedia.org/wiki/Scrolls_(video_game) This case was just silly to the extreme as Bethesda tried to copyright a word. This is something you can not do if it is in the Dictionary. I mean you could make a story up about Harry Potter who was a Soldier in the second world war. There would be nothing J.K. Rowling could do about it, unless that characters started to cast spells and fly on broomsticks.
And Interplay game developer who was trying to make a Fallout MMO. http://www.gamerlaw.co.uk/2010/interplay-and-bethesda-quietly-settle-fallout-lawsuit/
With all doubts, reach out to ZOS or Bethesda and ask them. We are arm chair lawyers, and mostly know how we would like the law to work not the gritty details of how it really goes.
Zenimaz as a whole encourages fan created art influenced by their games. But like any company, once dollars become involved things change.
But there have been books written based on the TES universe before, no reason why it can't happen again. But, please, don't try to do this in a vacuum, and not based on any advice, that appears in a Forum. While the advice may be correct, is it really admissible/applicable in your local court under your State and National Laws?
Storymaster wrote: »Unless something is in the public domain, the typical answer about using intellectual property owned by someone else is no, whether its for profit or not. George R. R. Martin wrote about this very subject on his blog a few years back. Legally speaking, owners of an intellectual property have a legal obligation to defend the unlicensed use of their intellectual property, whether or not its for profit. He did say that some authors publicly admitted to not caring about this, and for him it wasn't a matter of caring or not, but the legal precedent you could set for someone being able to use your IP without your permission if you've established an acknowledged pattern of allowing this to happen.
Serjustin19 wrote: »With all doubts, reach out to ZOS or Bethesda and ask them. We are arm chair lawyers, and mostly know how we would like the law to work not the gritty details of how it really goes.
Zenimaz as a whole encourages fan created art influenced by their games. But like any company, once dollars become involved things change.
But there have been books written based on the TES universe before, no reason why it can't happen again. But, please, don't try to do this in a vacuum, and not based on any advice, that appears in a Forum. While the advice may be correct, is it really admissible/applicable in your local court under your State and National Laws?Storymaster wrote: »Unless something is in the public domain, the typical answer about using intellectual property owned by someone else is no, whether its for profit or not. George R. R. Martin wrote about this very subject on his blog a few years back. Legally speaking, owners of an intellectual property have a legal obligation to defend the unlicensed use of their intellectual property, whether or not its for profit. He did say that some authors publicly admitted to not caring about this, and for him it wasn't a matter of caring or not, but the legal precedent you could set for someone being able to use your IP without your permission if you've established an acknowledged pattern of allowing this to happen.
Hi you 2, Thanks for responding. It's really helping me out.
But before I begin. 1. Should I make my own thread and copy and paste to all ofthis to my thread? 2. Sorry Nestor, I totally forgot about you community ambassadors. Forgive me, I'm also glad you respond to.
@Nestor and @Storymaster Thanks again.
@Nestor
I'm thinking it's better for me to write both Zenimax and Bethesda. As well send copy of this post and should I send copies of the stuff in question I wrote?
I was hoping maybe someday if I do start write a book again, in future. all my stuff here I wrote would give me ideas. In future. But seems unlikely unless I contact them.
But I kinda worried I might get sued It my fault. Hopefully I could work with them. However since I'm going to write both Zenimax and Bethesda to there mailing address. Does Zenimax also own Bethesda? since Bethesda is ZeniMax Media Inc.
Now for my local court I got 2. 1 court is in my City I live and another Court is a County Court. Would the County Court be better for the city/county law? For the National Court I have no clue to contact. Supreme Court? I live in Washington State United States.
City Court (I Live) Wapato, Washington https://www.wapato-city.org/municipal-court/
County Court (I live to) http://www.yakimacounty.us/412/District-Court
@Storymaster
Thank you also or your info. You also gave helpful ideas to. As of know I quit using Storywrite and allpoetry. for about 1 yr, maybe more. Ever since I use ESO Forum now Both sites are free. I also don't sell anything as well as making no money, Including ESO forum story I write directly.
But in future I was planning to use all the stuff I wrote and write a book. Possibly selling(Probably in 15 yrs) But for the safe side I will contact both Zenimax and Bethesda in writing (Mail)
I will also read what George RR Martin had wrote to. I have to find it though. All this info has also helped me to. Thank you both for wonderful responses.
Yep, should be good as long as you get the details up front.
Just to be clear, Zenimax owns Bethesda Softworks and Zenimax Online Studios. Those are the companies involved with TES.
There are two: The Infernal City and The Lord of Souls. They aren't top tier fantasy, sure, but I still enjoyed them.monktoasty wrote: »I always wondered why there are no legit elder scrolls novels written. I did find one on amazon digital and it really sucked I couldn't finish the first chapter..I don't think it was legit
newtinmpls wrote: »Much fanfiction abounds:
https://www.fanfiction.net/game/Elder-Scroll-series/
Or if you set it to ESO in particular:
https://www.fanfiction.net/game/Elder-Scroll-series/?&srt=1&r=10&v1=897