Reviving a franchise?

[Korias]

BACKSTORY

So, back in 2000, there was a TCG known as Magi Nation Duel. This little classic had a rather loyal following, extensive backstory, and committed player involvement. It even went so far as to produce not one, but two different games based on the setting: Magi-Nation for the Game Boy Color and Magi-Nation: Keeper's Quest for mobile phones. In fact, it was so popular, it created an animated series.

In between the animated series being announced and it actually being released, the company behind Magi Nation Duel (Interactive Imagination) stopped production, right before they were to release the next expansion. Granted, it had been four years since the last one, but the cards were all designed and playtested, and simply needed printing.

Meanwhile, the animated series flopped, and the MMO they created for it has seemingly fallen into disarray: the "Homepage" for the game now directs to a page filled with broken links that lead you now defunct flash apps and other such stuff.


ISSUE
So, where am I going with this? Well, an IRL friend of mine and I have been discussing reviving the franchise: Basically, picking up where Interactive left off with the story and cards. Unfortunately, all efforts to contact them have resulted in no response, nor are we even able to get contact information for the group that created the animated series.

So, we're at an impasse: We can't proceed with finishing it and printing it legally without permission from the owners, nor can we seem to figure out who actually owns the license for the game anymore. We can't seem to figure out if there would even be penalties for continuing where they left off in the first place, since the cards are now available in the public domain where anyone can view the unprinted expansion pack. We've been searching for a good solid two and a half weeks now, so any help would be greatly appreciated!

[Innis Cabal]

Good luck, if you do PM me. I'm very interested in this, and played with the very original first print game. So...ya...very behind this happening. What the new company did to the game ruined it.

[TSGames]

Not sure how it works with card games. I know that when it comes to software, there is such a thing as 'abandonware.' Essentially, this occurs when the copyright can or will no longer be enforced. A good example of this is the Mac version of Masters of Orion II - neither of the companies that held the copyright for it exist anymore and it has never been acquired, which has left no one able to enforce the copyright(although the Windows copyright has changed hands at least 3 times, it is still active). Maybe your card game is in a similar state? Have you tried tracking down who owns the rights to it, or is it still the original company? Either way, I'd recommend looking it up on the copyright website (http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First) or the patent website (http://www.uspto.gov/patents/process/search/) as necessary.

[Korias]

Have you tried tracking down who owns the rights to it, or is it still the original company?
The people who made the original card game, Interactive Imagination, seem to have gone off the grid. While their website (http://www.interactiveimaginationcorp.com/)is still up, it seems to have been neglected since 2005, and clicking on the actual copyright link leads you to this little blurb. (http://www.interactiveimaginationcorp.com/copyright.html)

Likewise, Cookie Jar Entertainment, the other group, don't even seem to have a website to contact them through.



Either way, I'd recommend looking it up on the copyright website (http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First) or the patent website (http://www.uspto.gov/patents/process/search/) as necessary.
A quick look through revealed that there are in fact copyrights, but only that they have been registered: Specifically, in 2004.

Now, from what I can recall, the length of a copyright lasts for the Author's lifespan plus seventy years, but since this is a corporation's product, and the corporation is gone, does the ownership fall to the former owners of the company?

Thank's for the help by the way, it's one massive step forward here.

[TSGames]

A quick look through revealed that there are in fact copyrights, but only that they have been registered: Specifically, in 2004.

Now, from what I can recall, the length of a copyright lasts for the Author's lifespan plus seventy years, but since this is a corporation's product, and the corporation is gone, does the ownership fall to the former owners of the company?

Thank's for the help by the way, it's one massive step forward here.

Good. Everytime a copyright is acquired in a business deal(i.e. a company being bought out) it will show in the records of the copyright database. If the original company is no longer around* and there are no records of the copyright being sold to another business, then there is no one to enforce the copyright. If all that's true, then you are free and clear, as I understand it.**

*You should verify if the company exists or not. A website that hasn't been updated in years is still a website that is up; odds are someone is paying to keep it up and running.

**Unless the copyright was originally registered under the creators' names, then it is property of the business. If the business(the entity that holds the copyright) no longer exists, then it is unenforceable copyright. At least, that's how it works with software copyrights.


I got curious and checked into it myself. It would appear that the business, despite their outdated website, is still registered as an active corporation in Washington state (http://www.sos.wa.gov/corps/search_results.aspx?search_type=simple&criteria=all&name_type=contains&name=Interactive+Imagination&ubi=). However, this may mean only a temporary delay for your project. Note the expiration date is "01/31/2011". If they do not renew their license, and the copyright is not re-registered/transferred to another company by February of next year, then you are free and clear.

My recommendation: go ahead and work on your project, but don't begin distributing anything(because it would be illegal) until March of next year, after you have verified that the copyright has not been sold, and the corporate license has not been renewed.*

*I'm not a lawyer, and standard rules for getting advice from the internet apply: use at your own discretion.

[Jimorian]

Copyrights don't work like that. Corporate copyright is 90 years, and if the corporation dissolves, there is probably a procedure for dividing any remaining assets to the owners/creators. That's assuming it wasn't a personal copyright sold to the business in the first place, in which the life + 70 rule applies.

Even if there is apparently nobody around to enforce the copyright, that does NOT mean it falls into public domain. Trademarks can cease to exist if not used, copyrights always exist for the full term whether exploited or not.

In short, you need to talk to a lawyer that specializes in copyright law.

[endoperez]

Not sure how it works with card games. I know that when it comes to software, there is such a thing as 'abandonware.' Essentially, this occurs when the copyright can or will no longer be enforced. A good example of this is the Mac version of Masters of Orion II - neither of the companies that held the copyright for it exist anymore and it has never been acquired, which has left no one able to enforce the copyright(although the Windows copyright has changed hands at least 3 times, it is still active). Maybe your card game is in a similar state? Have you tried tracking down who owns the rights to it, or is it still the original company? Either way, I'd recommend looking it up on the copyright website (http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First) or the patent website (http://www.uspto.gov/patents/process/search/) as necessary.

Abandonware is just another name for "we're doing this illegal thing but we're hoping no one will care". Sometimes abandonware sites also adopt other policies, such as "if you can buy the game online, we won't share it", or "we're doing it to preserve our digital heritage". These additional policies aren't an intrinsinc part of the abandonware thing, though.

Any way, I don't know who owns the copyrights to Master of Orion 2, but I know that someone does, because it's available in an online store (http://www.gog.com/en/gamecard/master_of_orion_1_2) specializing in selling games that people used to get through abandonware sites.

[TSGames]

Works are in the public domain if they are not covered by intellectual property rights at all, if the intellectual property rights have expired, and/or if the intellectual property rights are forfeited.



Abandonware is just another name for "we're doing this illegal thing but we're hoping no one will care". Sometimes abandonware sites also adopt other policies, such as "if you can buy the game online, we won't share it", or "we're doing it to preserve our digital heritage". These additional policies aren't an intrinsinc part of the abandonware thing, though.

Even if the copyright will not have been forfeited, if no can or will enforce the copyright, then it is effectively legal to use the copyrighted work.



Any way, I don't know who owns the copyrights to Master of Orion 2, but I know that someone does, because it's available in an online store (http://www.gog.com/en/gamecard/master_of_orion_1_2) specializing in selling games that people used to get through abandonware sites.
:smallsigh: Reading comprehension on the internet is woefully low.


A good example of this is the Mac version of Masters of Orion II - neither of the companies that held the copyright for it exist anymore and it has never been acquired, which has left no one able to enforce the copyright(although the Windows copyright has changed hands at least 3 times, it is still active).


[EDIT]
And, Jimor

Copyrights don't work like that. Corporate copyright is 90 years, and if the corporation dissolves, there is probably a procedure for dividing any remaining assets to the owners/creators.
Corporate entities do not work like that (http://en.wikipedia.org/wiki/Corporation). One of the major points of a corporation is that it is distinct from its creators as a separate entity. If copyright worked the way you claim, then abandonware would not exist. Since it does exist. Modus tollens, fill in the blank.

[Lord Seth]

If copyright worked the way you claim, then abandonware would not exist. Since it does exist. Modus tollens, fill in the blank.Except that logic doesn't make sense, because it claims that something doesn't work in a certain way if people are doing something that contradicts it. Let's apply that same reasoning to something else:

"If theft was illegal, then people would not steal. Since people do steal, theft is not illegal."

Or for a more relevant example...

"If copyright worked the way you claim, then piracy would not exist. Since piracy does exist, copyright does not work that way."

Honestly though OP, you're probably best off just asking a lawyer or something about it.

[Trazoi]

Standard caveat - I'm not a lawyer so take this advice with a grain of salt. :smallwink:

Abandonware is a term that has no legal status. All it means is software that is no longer supported by a company so no-one is likely to challenge it. Unless the abandonware explicitly has been released with a license that allows copying (like say an open source project that has been abandoned) then distributing it is copyright infringement, just one where the owner is hard to find or less likely to complain.

In the case of distributing new material under a franchise, you've got both copyright and trademark in play. Unlike copyright, trademarks are considered abandoned through disuse, so their owners are much more likely to challenge. Doing a quick search on the US Trademark site shows that Magi-Nation still has an active trademark owned by Cookie Jar, so someone is almost certainly going to take issue with a rival card game using the Magi-Nation name.

Bottom line, I'd consult a lawyer before sinking considerable investment into this card game. My feeling is that you'd need to present a considerable business case for the companies to respond to you, and if that's the case you'll need to consult a lawyer anyway. You might be able to make a clone game - similar ruleset, but not use the name, story, character and other IP. That said card games seem to be tetchier than most about protecting their rulesets (I've seen patents for Magic the Gathering) so legal advice there won't hurt either.

[Jimorian]

[EDIT]
And, Jimor

Corporate entities do not work like that (http://en.wikipedia.org/wiki/Corporation). One of the major points of a corporation is that it is distinct from its creators as a separate entity. If copyright worked the way you claim, then abandonware would not exist. Since it does exist. Modus tollens, fill in the blank.

No, that is totally incorrect. When a corporation disbands, something has to happen to the property it owned. Intellectual Property is no different in this regard than real estate property. Just like a building the corp owned doesn't cease to exist just because the corp doesn't exist anymore, the copyright still exists and ownership is disposed of as part of the disbanding process (typically, everything is sold and proceeds split by shareholders).

If a corp goes under in bankruptcy, the same thing, the copyright is an asset that can be sold to raise cash to pay creditors or given to creditors as part of the settlement.

Now it may be next to impossible to trace the line of ownership of IP because people sometimes don't keep good records, but this doesn't mean the ownership doesn't exist somewhere. This is why the whole issue of Orphan Copyrights is such a big issue right now.

And has others have pointed out, "Abandonware" only exists as wishful thinking by those who exploit the confusion of ownership, NOT as a legal concept that would ever be enforceable.