Welcome Guest [Log In] [Register]
Search Members Calendar FAQ General Forum Guidelines Portal
  • >
  • Kismet's Gamer Gathering: A Place for Roleplayers
  • →
  • Gaming
  • →
  • Playing the Game
  • →
  • Who Owns Characters?
{Add Reply}
Who Owns Characters?
Tweet Topic Started: Dec 13 2005, 02:33 PM (292 Views)
kismetrose Dec 13 2005, 02:33 PM Post #1
Member Avatar

Admin
Posts:
3,205
Group:
Admin
Member
#1
Joined:
February 6, 2005
Every now and then, folks talk about who owns player characters in a D&D game. Some folks feel that the player owns the character, since they create the concept, personality and so forth. Other folks feel that the character is an outgrowth of the DM's world and that the DM ultimately owns the character. This generally doesn't become much of an issue until a player leaves the group or something like that, and a DM wants to use the character against the player's wishes. Some folks are concerned about matters of copyright because they intend to use the character in a book or some such thing.

I wonder, though, how many folks actually discuss this before they start gaming together? I wonder how many folks feel it's even a matter of concern.
Kismet's D&D - WoD - SG-1 - FB
{Offline} {Profile} {Quote} ^
 
Aladdar Dec 13 2005, 02:47 PM Post #2
Member Avatar
There Is No Member, Only Zule
Posts:
1,057
Group:
The Council
Member
#30
Joined:
October 13, 2005
I think it belongs to both in a sense. As far as copyright issues are concerned, I guess all of that would belong to the PC who created him although I don't ever see it becoming a major issue. However, I still don't think that could stop a DM from using the character in his game because the character exists in his world, it can't just cease to exist once he leaves. So I think it belongs to both in a way.
"Love makes the world go round. And has been known to provide a +2 circumstance to certain skill checks."

The D&D Archive Forums

Posted Image
{Offline} {Profile} {Quote} ^
 
DaveReaves Dec 13 2005, 03:02 PM Post #3
Member Avatar
Can't believe its not butter
Posts:
688
Group:
The Council
Member
#20
Joined:
September 30, 2005
Back in the day, when I first started playing, my group had the wild stories about the life and times of their characters. Some even had the sheets and notes still in binders preserved for prosterity. I guess I adopted the view that the player owns their character by default because of my original groups views.

Now from a legal standpoint I point you to the US copyright site:
Quote:
 
Copyright protection starts when the work is created. The copyright in the work becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a "work made for hire" as:

(1) a work prepared by an employee within the scope of his or her employment; or
(2) a work specially ordered or commissioned for use as:

SO a character (provided it could be classified as a protected work which I will look up when I have some more free time) would become property of the person who created it (the player) unless it was a work made for hire. I don't know about you guys but my DM never game me a red cent <_<
Where all paths will eventually cross: The Random Inn
{Offline} {Profile} {Quote} ^
 
Fixxxer Dec 13 2005, 11:17 PM Post #4
Member Avatar
Alcoholic Homosexual Giraffe
Posts:
1,241
Group:
The Council
Member
#7
Joined:
April 13, 2005
I agree that in the most technical sense, the player owns the character. However, that's not going to stop me from using said character if said player leaves my game. The fact that your boyfriend says that he doesn't like you comming over to my house and roleplaying so you have to leave the game doesn't mean that your PC just spontaniously pops out of existence in my game world. Whether you give me permission to or not, I'm going to continue to use the PC until the story permits me to cease doing so. As I see it, when you agree to join my game, you're basically agreeing to an unwritten contract that states that I'm allowed to forward the story with any means I have at my disposal. If you have a problem with me continuing to use your PC for the next five or six sessions, fuck you. Call your lawyer.
In my mind, it is that simple. But then, I'm simple minded. -Didge-
{Offline} {Profile} {Quote} ^
 
kismetrose Dec 13 2005, 11:34 PM Post #5
Member Avatar

Admin
Posts:
3,205
Group:
Admin
Member
#1
Joined:
February 6, 2005
As a player, I definitely feel that my character is my own and a DM should ask me whether or not it's okay to use it - and respect my decision. Most player characters are not so very central to a DM's world that they are indispensible.

As a DM, I don't feel that I have any ownership of my player's characters just because they fit into a context I provide. I have nothing to do with creating their personality. Maybe I would feel differently if I played in a homebrew setting, but I'm not so sure about that. As it is, when one PC left our group (and left the group with a bad taste in their mouths), I felt that I had to set the character aside. I knew that the player wouldn't want me using his character, even if the player wouldn't tell me so directly. And mind you, this PC was pretty important to the game and had quite a few storylines woven around them. Still, I came up with an explanation for his departure quickly and let it stay at that. One player even asked if they would have to track the PC down and kill him, since he was pretty much a fallen paladin - but no. I pretty much feel that once games are done, I don't have any call to use other people's characters. I can create an unlimited amount of NPCs.
Kismet's D&D - WoD - SG-1 - FB
{Offline} {Profile} {Quote} ^
 
DaveReaves Dec 14 2005, 07:16 AM Post #6
Member Avatar
Can't believe its not butter
Posts:
688
Group:
The Council
Member
#20
Joined:
September 30, 2005
Ok, I did some digging, broke out my law dictionary (once owned by a former governor of Florida) for the first time in years, slugged through a web site that had an asstastic search function and came up with this (standard not a lawyer disclaimers apply ;) ):

A "character" is not a protected work. The method of generating stats is part of the Dungeons and Dragons game and as such open and available to anyone to use to create any stats they want. Additionally, names and titles aren’t subject to protection. What IS covered is any original text (or pic) you create in a tangible form. So if you write a full history on the back of your character sheet, that history belongs to you and if someone were to use it without permission (more on this to come) you could go through the steps to make them stop. Being an unregistered work you could not collect for any monetary loss. Same goes for description and personality if you actually write them down.

As far as dialogue goes, again, it’s only protected if it is written down.

Now as for a story involving the characters (let’s suppose the character in question has a full description, background and personality) which is actually being written by the DM, the written story belongs to the DM as much as the written description belongs to the player. As long as the DM did not actually plagiarize the description in his story, he has not violated the rights of authorship of the players description.

But who needs permission before using a work? Anyone who wants to actually COPY the work. Because the DM in the course of playing his game is not copying the players work, he is fine. Even if he were to write a story involving a character named Bob, as long as he describes Bob without plagiarizing someone's work, he is free and clear.
Where all paths will eventually cross: The Random Inn
{Offline} {Profile} {Quote} ^
 
hylentor Dec 15 2005, 06:13 PM Post #7
Habitual Offender
Posts:
64
Group:
The Council
Member
#38
Joined:
November 1, 2005
Really, who cares?

If you're one of my players who has to leave abruptly and you don't allow me enough time to *logically* get you out of the story (even if its a matter of the character tags along to bite it in the next battle that they'd be likely to bite it in) then screw you.

If its my character and I have to dump out of a game for whatever reason - even if its on bad terms for whatever reason - use him. I may use him for a story later, but he's part of your story right now. He may just be a parallel dimension version of himself that's about to get killed.

Of course, I'm of the opinion that, unless otherwise specified (for instance, a couple other board members I know here have some sort of thing going to use one's character as an NPC) killing off is the only logical way to wrap up their storyline, as then it falls to the other characters to either resolve it, or send off a quick "well, he died, here's his medallion as proof" note. Now, that's only if someone is *permanently* leaving the game. If its temporary (ie now have to work on game night for about 3 months or such), then its up to the GM and the player to work out what happens. I'm thinking sabbatical or a training journey or somesuch is appropriate, and can be a GREAT story thing if the game-abcense has enough warning (have to quest for items x, y, and z so that Sir Davros can survive the six months in Limbo he needs to advance his abilities).
{Offline} {Profile} {Quote} ^
 
DaveReaves Dec 16 2005, 06:41 AM Post #8
Member Avatar
Can't believe its not butter
Posts:
688
Group:
The Council
Member
#20
Joined:
September 30, 2005
I guess no one really cares but I have a thing for law. If the thought of going to school didn't send chills down my spine I would probably be striving for the law degree so that I can do things like this for a living. I also used to debate the legality of World of Warcraft's EULA with the twelve year olds on the message boards. :rolleyes:

I may also revise my previous answer depending on what I find tonight. When looking up my answer I did not take into account that the character may be a derivative work of the DM's world. It could also be a collaboration work seeing as how without the character the DMs story would change. To be honest, this is one of the most interesting legal subjects I have managed to try to figure out.
Where all paths will eventually cross: The Random Inn
{Offline} {Profile} {Quote} ^
 
1 user reading this topic (1 Guest and 0 Anonymous)
ZetaBoards - Free Forum Hosting
Enjoy forums? Start your own community for free.
Learn More · Register for Free
« Previous Topic · Playing the Game · Next Topic »
{Add Reply}

Track Topic · E-mail Topic Time: 5:39 PM Jul 10
Scroll and Ink theme created by Canimia of Zathyus Networks Resources
Hosted for free by ZetaBoards · Privacy Policy