From: Jim Vassilakos <jimv@empirenet.com>
Date: Wed, 16 Oct 1996 15:07:50 -0700 (PDT)
Subject: IG's New Copyright Policy

Marc Miller wrote me today concerning the recent copyright controversy.
Since there's still confusion on the list as to exactly where he stands,
I'm going to post what he sent along with my rather lengthy reply. Here goes:

> I specifically encourage, support, and allow fan-authored, not-for-profit,
> Traveller-compatible (for any version of Traveller) articles and materials,
> including deck plans, network posts, and freeware. Provided they acknowledge
> the Traveller trademarks and copyrights.
>
> I think it is stupid for the publisher of a role-playing game to not allow
> (or encourage) those who buy and play the game to express themselves about
> it. The requirement for the acknowledgement is to prevent the game system (or
> parts of it) from falling into the public domain or the trademark becoming
> liable to challenge.
>
> Marc Miller
 
I'm glad to learn that we share the same philosophy on this issue. As
you may know, it was only two years ago that TSR began telling ftp-sites
around the world to delete their archives of fan-authored, AD&D-
compatible material. Quite a few of my own donations got demolished in
those purges (about 500-600 pages of an online magazine I used to edit),
so if I seem rather persistent about this issue, it's only because
getting burned once has left an indelible impression, not to mention a
bitter taste for RPG companies in general and TSR in particular. Since
Imperium games seems to have more than its fair share of ex-TSR employees,
I was naturally interested to learn your copyright policy.

Speaking of ex-TSR employees, I'm have to admit that I'm rather confused
by some of Ken Whitman's statements on this issue which appear, at first
glance, to conflict with your own statements above. Perhaps you can shed
some light on this matter. This is an excerpt of a recent conversation
between Joe Walsh and Ken Whitman.

Joe: "What is IG's copyright policy vis a vis TML/Web/UseNET-published 
materials for traveller, regarding: 1) original works, and 2) copyrighted 
works."

Ken:  "What do you mean by original works?"

Joe:  "Stuff that people make up on their own, like new equipment, new 
rules, etc."

Ken:  "Well, as long as they put 'Traveller is a registered trademark of 
FarFuture Enterprises.  Copyright (c) 1996' in there, there's no problem."

Joe:  "So that means that, technically, all such works are the property 
of FFE...?"

Ken:  "Yeah.  We've been lax in our enforcement of this requirement, but 
we really have to be more careful.  FFE could lose its Trademark.  But, 
we don't want to anger the fans."

My 1st question:

Did Ken Whitman really mean to indicate here that any time a Traveller-
fan writes some form of original but Traveller-compatible work (adventure,
rules supplement, world description, character write-up, etc), that the
individual in question must include a statement that transfers ownership
of their original work to FFE? And if this is what he really meant to
say, is this something that you agree with?

I can understand acknowledging the Traveller trademark and FFE's
copyrights, but this statement by Ken Whitman seems, in my mind, to go
too far. After I first heard about it, I suggested on the TML what I
thought was a reasonable alternative statement... one which would
protect FFE quite well but which would also allow the individual authors
to maintain ownership over their own work. Here is my suggested
statement once again:

  "Traveller is a registered trademark of FarFuture Enterprises (FFE).
  Use of this trademark or of any material copyrighted by FFE is not
  to be interpreted as a claim on such material. This work is to be
  considered "unofficial" and FFE cannot be held liable for damages,
  material or otherwise, resulting from its use. This work is
  copyright 1996 (author's name). All rights reserved, except that
  FFE may draw on this work in any fashion they deem appropriate."

This reason I include the last sentence is just for IG's own protection,
as it is possible that by pure coincidence, IG might publish something
fairly similar to something a fan writes, and this line would protect
them from the fan suing (not that I could envision this ever happening,
but it pays to cover your aft-quarters every now and then). Of course,
the fan would have to rely on IG's sense of "rightness" to not publish
their work wholesale without compensation, but I don't see this as a
problem. Some people (like myself) might not even want compensation,
and might amend the last sentence to read: "All rights reserved, except
that FFE is invited to draw on this work or even republish it without
requesting permission."

My 2nd question:

Do you have a problem with this disclaimer? If so, what's the matter
with it? I don't want to be pushy here. If all you require is that
people acknowledge your trademarks and copyrights, that's fine. I'm
just trying to suggest a little something extra so that you'll be
better protected, but I'm not a lawyer, so what do I know?

Oh, and a 3rd question, since I'm on a roll:

Can we include official sector data in starmapping freeware? I'm
assuming the answer is yes, but I want to make absolutely sure
that it's okay with you.

------------------------------

From: rodge@cyberspace.com (Roger Sanger)
Date: Wed, 16 Oct 1996 15:37:54 -0700
Subject: DGP COPYRIGHTS

Dear Traveller Afficionados and TML'ers,
 
It  has  never  been  the  intention  of  MM  or  DGP to create a
situation in which background for the game was barred from future
reference in the game.
 
That is, DGP was given an  open hand to draw upon GDW's Traveller
materials, and in return gave MM and his associates equal freedom
to design new Traveller game  materials based upon the background
presented in  DGP's works. DGP  entered into this  agreement with
the  full  awareness  that  Marc's  rights  of  derivation  would
continue even  after DGP's right  to publish game  material under
the  Traveller trademark  expired.
 
Of  course,  the  scope  of  the  agreement  was  limited  to the
publication  of  materials  for  the  Traveller role-playing game
market. Any use of DGP's materials outside that market by Marc or
his associates would require a new agreement with DGP.
 
Under this  arrangement, once something  integral to the  setting
was created  -- such as  a key person  (the Emperor, a  planetary
leader, the head of a  major regional corporation, etc.), a piece
of equipment, a class of ships, a planet (or culture, government,
or organization),  etc. -- these  things could be  represented in
new game works because they comprised the background of the game,
that  is, they  DEFINED THE  MILIEU. The  text and  illustrations
themselves could  not be reprinted,  but any idea  that fell into
the category of "background" could  be drawn upon in the creation
of new Traveller game products.
 
The notable  exception to the reprint  restriction concerns data.
Most  of  the  data  presented  in  the  game  consists  of  pure
background,  and can't  be presented   in any  other way  than by
reprinting it  verbatim. Planet names, UWP's,  sector data lists,
ship  class  names,  ship  statistics,  and  other  data  can  be
reprinted directly in new Traveller  game products (by Marc or by
whomever he designates).
 
The  copyright  limitations  mostly  concern  foreground.  Player
characters, adventures, NPCs  insignificant to the superstructure
of  the milieu,  their personal  activities, specific encounters,
etc. Even though  these persons and events could  be mentioned in
passing,  neither MM  nor DGP  would ever  consider reworking  an
adventure  done  by  the  other,  or  making  use  of  their star
characters, without getting permission first.
 
As you can see, the distinction between foreground and background
material  is highly  subjective, and  relies upon  the trust  and
goodwill between  the parties involved.  For instance, throw-away
references  were  often  picked  up  and  fleshed  out in greater
detail, even some that could be identified as "foreground".
 
One  thing you  need to  understand about  Marc is  that he takes
pride in being the creator and leader of Traveller, and we at DGP
have always found him to be a fair and honorable ruler. You don't
have  anything  to  worry  about.  Marc's  main  concern  is  the
happiness of his customers and followers.
 
We at  DGP are very  happy that Marc  is in control  of Traveller
once again, and we feel that it is a position he truly deserves.
 
Sincerely,
 
Roger Sanger
Digest Group Publications

------------------------------

From: Joe Walsh <ransom@connect.iconnect.net>
Date: Wed, 16 Oct 1996 18:32:58 -0500 (CDT)
Subject: IG's Copyright/Trademark Policy (Clarification)

Okay, folks, I have the answer to the copyright policy question.  I'll 
try to be as concise and unambiguous as possible.  Nevertheless, I'm not 
perfect (duh![G]), so if you think something seems awfully unfair or if 
you have questions, please don't hesitate to ask for a clarification.

IG Copyright Policy

If you produce an original work for use with Traveller, you are the 
copyright holder (see copyright law for details).  You own that original 
work.

However, IG and FFE ask that you put the trademark notice on that 
original work.  This is done in order to protect their trademark.  

If you want to distribute that work for free, that's where it ends.  No 
more rules or provisions.  Create your original work, put the trademark 
notice on it, and you own it.  It's all legal-like[G].

If, however, you want to make money from that work, you will have to get 
in contact with IG, get a Letter of Permission or a License, and do all 
that is involved in such contracts (for details, contact Imperium 
Games).  Alternatively, you can get in touch with Gold Rush Games, Sword 
of the Knight Publications, or any other Officially Licensed publisher of 
Traveller material (I don't know of any others at this point, but that 
doesn't mean there aren't any others).  These folks can legally publish 
your work since they are Licensees.  See these companies for details on 
getting your work published with them.

Finally, if IG wishes to take your work and publish it, they must 
first come to an agrement with you, since it is your work.

I hope that clears everything up.  I'm sorry for the confusion caused by 
my earlier posting.  Please forgive me.  I am new to this job (been at it 
7 days now, in fact), so I'm bound to make mistakes. :(

I'll do better next time. 

------------------------------

From: FarFuture@aol.com
Date: Thu, 17 Oct 1996 05:57:37 -0400
To: jimv@e2.empirenet.com
Subject: Re: Traveller Copyright Archive (v0.1)

In a message dated 96-10-16 14:55:35 EDT, you write:
> "Traveller is a registered trademark of FarFuture Enterprises (FFE).
> Use of this trademark or of any material copyrighted by FFE is not
> to be interpreted as a claim on such material. This work is to be
> considered "unofficial" and FFE cannot be held liable for damages,
> material or otherwise, resulting from its use. This work is
> copyright 1996 (author's name). All rights reserved, except that
> FFE may draw on this work in any fashion they deem appropriate."

Portions are copyright (c) 199x Far Future Enterprises.

That recognizes things that are Traveller and are included into whatever is
being written.

Marc

Portions are copyright (c) GDW or its successor FFE

