I'm programming a small game for my own enjoyment at the moment. I might or might not release it to the public - I'm not concerned that it'll sell well (I am sure the public will have no interest in it whatsoever, I'm about as amateur a game designer as they get) but something struck me when I considered publishing the thing.
I think the ordinary good versus evil fantasy dichotomy is dull. (The D&D alignment system is leagues better but more on that in a bit.)
On the other hand, I quite enjoy the elegance of Magic's philosophic color structre in the abstract, and I've been ever since I read the first article on it. This is why I plan to implement it in my game.
The question is - now, I know that Magic has copyrighted the mana symbols, the game mechanics, and all art - but does Wizards of the Coast have rights on the color philosophy in the abstract? Will they punish me for applying the philosophies in my own game world? And what about the D&D alignment system?
Now I know that Wizards have sued before, shutting a few custom card creation programs down and suing the Hex TCG, which was basically a clone of Magic.
But this is not the territory I'm trespassing on: I will not use the mana symbols at all, my game mechanics have no connection to TCGs at all.
The question is whether the abstract philosophical framework of Magic: the Gathering's background world is copyrighted, or whether it is what it is: an abstract philosophical framework, that can't really be copyrighted, as it's just a grouping of different ideologies created for the game.
Here is a shorthand example of what I could write out somewhere in the game:
"You are a black mage. You embody greed and ambition, and you know that nobody has the right to stop you. This makes you an enemy of white mages, who believe that you should be hindered by petty laws and morals, and green mages, who damn your flowering powers as experimental and unnatural."
If you know about the Battle for Wesnoth game, you know that they use an alignment system of Lawful, Neutral and Chaotic, where good and evil weren't alignments, but could arguably be analyzed from how the different characters in the game acted (they later added the "Liminal" alignment to the game). Battle for Wesnoth was not sued by Wizards, and I'm sure other games have used the system.
I also know that the five colors line up with certain mage archetypes in older fantasy games and fantasy settings.
And lastly - who should I ask in Wizards if I decide to eventually publish the game?
I don't personally expect moral frameworks to be copyrightable, especially something as general as colors and ideals, and I know that Wizards really care about their public relations, but you never know in this day and age.
I'm programming a small game for my own enjoyment at the moment. I might or might not release it to the public - I'm not concerned that it'll sell well (I am sure the public will have no interest in it whatsoever, I'm about as amateur a game designer as they get) but something struck me when I considered publishing the thing.
I think the ordinary good versus evil fantasy dichotomy is dull. (The D&D alignment system is leagues better but more on that in a bit.)
On the other hand, I quite enjoy the elegance of Magic's philosophic color structre in the abstract, and I've been ever since I read the first article on it. This is why I plan to implement it in my game.
The question is - now, I know that Magic has copyrighted the mana symbols, the game mechanics, and all art - but does Wizards of the Coast have rights on the color philosophy in the abstract? Will they punish me for applying the philosophies in my own game world? And what about the D&D alignment system?
Now I know that Wizards have sued before, shutting a few custom card creation programs down and suing the Hex TCG, which was basically a clone of Magic.
But this is not the territory I'm trespassing on: I will not use the mana symbols at all, my game mechanics have no connection to TCGs at all.
The question is whether the abstract philosophical framework of Magic: the Gathering's background world is copyrighted, or whether it is what it is: an abstract philosophical framework, that can't really be copyrighted, as it's just a grouping of different ideologies created for the game.
Here is a shorthand example of what I could write out somewhere in the game:
"You are a black mage. You embody greed and ambition, and you know that nobody has the right to stop you. This makes you an enemy of white mages, who believe that you should be hindered by petty laws and morals, and green mages, who damn your flowering powers as experimental and unnatural."
If you know about the Battle for Wesnoth game, you know that they use an alignment system of Lawful, Neutral and Chaotic, where good and evil weren't alignments, but could arguably be analyzed from how the different characters in the game acted (they later added the "Liminal" alignment to the game). Battle for Wesnoth was not sued by Wizards, and I'm sure other games have used the system.
I also know that the five colors line up with certain mage archetypes in older fantasy games and fantasy settings.
And lastly - who should I ask in Wizards if I decide to eventually publish the game?
I don't personally expect moral frameworks to be copyrightable, especially something as general as colors and ideals, and I know that Wizards really care about their public relations, but you never know in this day and age.
It absolutely is copyrighted, but whether or not you violate the copyright depends on to what detail that you draw influence from it. (remember that you don't actually have to file for a copyright in order for copyright to exist. The copyright exists the second you publish the work.)
If you simply use the color Green for nature, black for death and evil, white for law and religion, red for passion and aggression and fire, and blue for thought, intellect, and water, then you'll be fine. Those concepts are used outside of magic, and you're not in danger of violating the copyright.
but if you also copy the exact concept of enemy pairs and allied pairs, and/or if you represent it with the same color pallet that appears on the card backs, then you might be violating the copyright, as it becomes more and more clear that you're just copying what Magic has done.
As always, your best option is to speak with a lawyer, especially one that specializes in copyright law. They will be able to help you far better than random strangers on the internet.
I would agree with post previous posters. The concept of black being representative of evil, white being good etc., is such a widespread concept it can't be copyrighted. I remember reading somewhere that when Magic the Gathering was initially being developed and they were trying to get everything protected the general name Magic was rejected for being too broad and nonspecific. Thus Magic the Gathering was named. But also, yes definitely seek professional advice if you think you may have any issues whatsoever.
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I'm programming a small game for my own enjoyment at the moment. I might or might not release it to the public - I'm not concerned that it'll sell well (I am sure the public will have no interest in it whatsoever, I'm about as amateur a game designer as they get) but something struck me when I considered publishing the thing.
I think the ordinary good versus evil fantasy dichotomy is dull. (The D&D alignment system is leagues better but more on that in a bit.)
On the other hand, I quite enjoy the elegance of Magic's philosophic color structre in the abstract, and I've been ever since I read the first article on it. This is why I plan to implement it in my game.
The question is - now, I know that Magic has copyrighted the mana symbols, the game mechanics, and all art - but does Wizards of the Coast have rights on the color philosophy in the abstract? Will they punish me for applying the philosophies in my own game world? And what about the D&D alignment system?
Now I know that Wizards have sued before, shutting a few custom card creation programs down and suing the Hex TCG, which was basically a clone of Magic.
But this is not the territory I'm trespassing on: I will not use the mana symbols at all, my game mechanics have no connection to TCGs at all.
The question is whether the abstract philosophical framework of Magic: the Gathering's background world is copyrighted, or whether it is what it is: an abstract philosophical framework, that can't really be copyrighted, as it's just a grouping of different ideologies created for the game.
Here is a shorthand example of what I could write out somewhere in the game:
"You are a black mage. You embody greed and ambition, and you know that nobody has the right to stop you. This makes you an enemy of white mages, who believe that you should be hindered by petty laws and morals, and green mages, who damn your flowering powers as experimental and unnatural."
If you know about the Battle for Wesnoth game, you know that they use an alignment system of Lawful, Neutral and Chaotic, where good and evil weren't alignments, but could arguably be analyzed from how the different characters in the game acted (they later added the "Liminal" alignment to the game). Battle for Wesnoth was not sued by Wizards, and I'm sure other games have used the system.
I also know that the five colors line up with certain mage archetypes in older fantasy games and fantasy settings.
And lastly - who should I ask in Wizards if I decide to eventually publish the game?
I don't personally expect moral frameworks to be copyrightable, especially something as general as colors and ideals, and I know that Wizards really care about their public relations, but you never know in this day and age.
It absolutely is copyrighted, but whether or not you violate the copyright depends on to what detail that you draw influence from it. (remember that you don't actually have to file for a copyright in order for copyright to exist. The copyright exists the second you publish the work.)
If you simply use the color Green for nature, black for death and evil, white for law and religion, red for passion and aggression and fire, and blue for thought, intellect, and water, then you'll be fine. Those concepts are used outside of magic, and you're not in danger of violating the copyright.
but if you also copy the exact concept of enemy pairs and allied pairs, and/or if you represent it with the same color pallet that appears on the card backs, then you might be violating the copyright, as it becomes more and more clear that you're just copying what Magic has done.
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