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Copyright Question
Posted by: Anonymous User (IP Logged)
Date: 23 July, 2003 12:20PM
Hello, this would be my first time posting here. sorry if I do something I shouldn't.

Anyway, I am running the Dungeons & Dragons module Castle Amber which is base on the writings of Clark Ashton Smith. It is a game on the web on a forum something like this. Its called "Play by Post". It moves very slow but is just another way to play the game. For those that do not know, it is basicly creative writing where several people write a story, each doing their own part.

Anyway, the question. I wish to use portions of Smith's writings within the game itself to add a bit more color to the game. I plan to edit them slightly to fit the rest of the story we are telling. As this would be published on the web I need to know if it will break any copywrite laws. If I must get permission to do this, Who would I ask for said permission?

Re: Copyright Question
Posted by: Boyd Pearson (IP Logged)
Date: 23 July, 2003 03:44PM
Sound like your use is well with in 'fair use' as long as your portions are a 'reasonable' size.

Let us know the url - sounds like an intresting read.

B.:-P

Re: Copyright Question
Posted by: Dr. W.C. Farmer (IP Logged)
Date: 23 July, 2003 03:51PM
Dear Hube - do not fear to tread in this web site (not too much
anyway) --

I am sure that Clark's works in the public domain at this point, other
than those recently published for the first time ever. Almost all
are on this website, and I suspect that our beloved web-master, Boyd,
can give you an accurate assessment - items from original texts
should be safe to use -
I wonder if the Smith estate has received any revenue from the use
of his stuff in creating that game - is there a "by permission of--"
statement with it?
Anyone out there with info about this, let us know - I have no interest in the game, but collateral uses of published material if of great
interest to me.
Thanks
good luck

Re: Copyright Question
Posted by: Anonymous User (IP Logged)
Date: 23 July, 2003 06:27PM
For any that are interested in reading my little groups attempt at conquering Castle amber it is at the following web site

http://rpol.net/rpol/rpol-main.cgi

It is located in the fantasy section under the name (unbelievably) Castle Amber.

The game has been running for well over a year and there are now 2700 posts. If you've got a few hours (days) to kill anyone can read it. One of the points of playing online is so that the world can enjoy the game right along with the players.

The group has not yet made it to Averoigne and is still making their way through the castle. The portions I'm really interested are parts of stories that I downloaded or maybe it was printed from this web site. I had intended to just read them all to get an idea of what Averoigne was like. I have found instead that I will try to give the game a bit more depth by making things a bit closer to what I have read. Mostly small things. But recently I have started making a map for Faussesflammes and I would like to include the book from <B><I><U>The End of the Story</U></I></B> in the ruins. Granted this will be much different from the original where the book was in the keeping of Hilaire, the abbot of Perigon, but it will make things more interesting if the group must first find this book before finding the entrance to the area where the monster lurks.

I had figured since I originally found the older stories the original module was based on here that I should be able to use them. I just thought I would check to make sure. Didn't want to get myself into any trouble.

Re: Copyright Question
Posted by: Scott Connors (IP Logged)
Date: 23 July, 2003 06:31PM
Quotations from the stories would probably be covered by fair use, provided that you don't get carried away. However, with all due respect, the blanket statement that CAS' fiction is "probably" in the public domain does a disservice to his literary estate, whose executor works tirelessly against great obstacles to promote Smith's work and reputation. Please consider for a moment that your well-meaning project might dissuade another, larger RPG publisher from developing similar material, on grounds that "anyone can download the same stuff from the web." Current arrangements aren't perfect, but they're a heck of a better deal than I once thought, and generally revenue that CAS' work raises gets used to reprint more CAS material.
Best,
Scott

Re: Copyright Question
Posted by: Anonymous User (IP Logged)
Date: 23 July, 2003 07:21PM
Well, I didn't come here to argue and I would never assume that any authors work was in the public domain.

As far as an RPG publisher developing similar material goes, the module in question was published by TSR Hobbies in 1981 for the Dungeons & Dragons RPG system. The adventure as written eventually leads to the Province of Averoigne. Averoigne is left very sketchy.

As quoted from the module:

The encounters in this part of the module are left sketchy since most take place in cities and would require more detail and space than is available in this module. The DM should flesh out each adventure as he or she desires...
...A bibliography of the stories of Averoigne is given at the back of this module, so DM's may find inspiration for fleshing out these adventures if so desired...
...Averoigne (in the module) is based on 11 short stories by Clark Ashton Smith. Most of the stories originally appeared in Weird Tales in the 1930's. CASiana Literary Enterprises, Inc., has graciously given permission to base this section of the adventure upon the Clark Ashton Smith Averoigne stories...

--End of quoted text.

So a large RPG publisher developed the story as far as they were willing to go with it.

Me I'm just trying to play a game, have fun and make it interesting.

I suppose that I will have to do a search for CASiana Literary Enterprises, Inc., and see what they have to say. That is unless someone here happens to know of their email address to make my life easier.

Re: Copyright Question
Posted by: Anonymous User (IP Logged)
Date: 23 July, 2003 07:39PM
ahh, forgot something :(

The only reason I ask at all is because the game is being played on the web on a public forum. Anyone can see it, which is part of the point.

If this was being played in someones living room I would not ask. And Since it has already been published and the stories are freely avilable I am niether making money from it nor keeping anyone else from making money from it. This is after all what Copywrite laws are for, to keep people from making money from anothers work or in some way limiting that original auther from making money.

Re: Copyright Question
Posted by: Kyberean (IP Logged)
Date: 24 July, 2003 01:16PM
Quote:
This is after all what Copywrite laws are for, to keep people from making money from anothers work or in some way limiting that original auther from making money.

This is not entirely true. Copyright laws also exist to allow an intellectual property holder a degree of control over the manner and context in which his work is used.

Some guidelines for the appropriate use or publication of the works of Clark Ashton Smith may be found here: http://www.nolo.com/lawcenter/ency/article.cfm/objectid/6A6540E0-325F-4BBE-A9B64DB3BB7BAAF0/catID/2EB060FE-5A4B-4D81-883B0E540CC4CB1E

Re: Copyright Question
Posted by: Anonymous User (IP Logged)
Date: 24 July, 2003 03:03PM
So, for the most part I can use small parts without trouble.

However, for using 8 paragraphs of the story that describes the contents of the book may be questionable. In all likelyhood there would be no problem with it but if I want to be safe I should get permission.

What I really need now is a way to contact CASiana Literary Enterprises, Inc., which a search for turned up not much and no way to contact them at all. Can anyone supply any help in this area?

Re: Copyright Question
Posted by: Scott Connors (IP Logged)
Date: 24 July, 2003 08:15PM
One simple solution is for you to link your game's site to the Eldritch Dark. This will allow your players to read the stories that aren't currently in print, and let's face it, they ought to have RENDEZVOUS and EMPEROR OF DREAMS anyway i they're playing a CLARK ASHTON SMITH role-playing game, instead of a Clark Ashton Smith ROLE-PLAYING GAME (note difference in emphasis). Best, Scott

Re: Copyright Question
Posted by: Anonymous User (IP Logged)
Date: 24 July, 2003 09:00PM
It's realy not that easy, nor is it a Clark Aston Smith role playing game. It's a Dungeons and Dragons module (very old). Part of the module takes place in Averoigne and is simply based on CAS's work. And not that esay because I have actually re-written the part in question from a third person perspective to a fist person diary.

I'll wait to see what happens. I've sent some emails, maybe I will get an answer.

Re: Copyright Question
Posted by: Anonymous User (IP Logged)
Date: 25 July, 2003 10:39PM
For those that may be interested. I have coresponded with Arkham House Publishers who have given permission for the use of CAS material in my game.

Re: Copyright Question
Posted by: Anonymous User (IP Logged)
Date: 31 July, 2003 05:47PM
The Basic D&D Module, X2 - Chateau d'Amberville, or Castle Amber, was a fabulous module but should not be run without first reading the CAS originals they were based on!
You will find CAS and Lovecraftian references even while still in the Castle.
I've run the module so many time, from when it first came out to this day!
Whenever I get a new gaming group, I whip out X2 and run it (I've converted it through every edition of D&D, up to 3rd), and always use references from the original stories to spice up the game; it's a (im)moral imperative!
Anyway, I wish you the best with your adventure and hope your players live through it!



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