Hi all,
I created a design based to some antique found at the attic, and my game is pretty much ready. Now I found a design similar to it, by some blacksmith who is re-making some antique stuff for sale. At their website there is that the design is based on antique parts as well.
As I don’t really feel like doing it again, as this one looks pretty cool IMO, is it enough to just give a message at the bottom of the main menu that my design is based on antique parts and the resemblance to modern smiths’ work is barely accidental?
The correct legal answer to this question depends heavily on the facts and there aren’t many facts given. That said, I’m not your lawyer so I can’t give you legal advice anyway.
A few high level points though:
- If a modern blacksmith is remaking antiques, he can’t own intellectual property rights in an exact recreation.
- It’s unclear what this thing is and what place it plays in your game. It could just be a prop in one room of the game in which case it seems like kind of a small deal.
- It’s common for game developers to base their designs on existing materials, although best practice is to not make an exact copy of someone else’s work.
Mine is a sort of mechanical puzzle game and the main object, on which the player has to do all the fun, has some parts that is similar to it. As a matter of fact, yes, he said on his website that this and that “is based on” etc etc.
Safe to say I can tell that I based it on this and that too?
Again I’m not your lawyer and I can’t give you legal advice. But I think it’s good practice to be up-front about the basis of your work.