Re-Using a published short-story for a Graphic Novel type game.

Garryg

Veteran
Veteran
Joined
May 16, 2022
Messages
114
Reaction score
48
First Language
English
Primarily Uses
RMXP
So I was thinking of making a short graphic-novel type RPG game based on a short story I had published on-line some years ago.

How much rights am I likely to retain for the character, plot, and actual words used in the story.

I imagin they took first-publishing rites, but can't find the agreement.
This was several years ago and I doubt anyone would notice if I made a visual novel based on this.
But just wondered where I stood legally with this.
E.g. Is it still fan-fiction if you wrote the origonal story but sold it!?

I assume the rules are different for a story that was self published, as I still own the rights.
 

Arthran

Veteran
Veteran
Joined
Jun 25, 2021
Messages
493
Reaction score
462
First Language
English
Primarily Uses
RMMZ
I would imagine that it depends upon the agreement that you made with your publisher. You and and they should have signed some type of contract that explicitly states who has which rights.
 

dragoonwys

Freelance Illustrator
Veteran
Joined
Jul 26, 2016
Messages
410
Reaction score
1,148
First Language
english
Primarily Uses
RMMV
Yes as Arthran mentioned. This really depends on what agreement you struck with the company. There is no problem if you self published it, but since a company is involved you would have to find that contract if you want to be sure you aren't breaking any statements on it
 

Nenen

Unproven Storyteller
Veteran
Joined
Jul 3, 2019
Messages
131
Reaction score
351
First Language
English
Primarily Uses
RMVXA
Perhaps it would help us to know with WHOM did you publish the short story, then we can help you from there.
 

ATT_Turan

Forewarner of the Black Wind
Veteran
Joined
Jul 2, 2014
Messages
4,930
Reaction score
3,130
First Language
English
Primarily Uses
RMMV
Why don't you just write to the Web site that published it and ask for a copy of your agreement? Nothing anyone on here says really matters :guffaw:
 

Garryg

Veteran
Veteran
Joined
May 16, 2022
Messages
114
Reaction score
48
First Language
English
Primarily Uses
RMXP
I already tried to contact the site, but the contact I had errored and it's an old site and I've had no response.

I just wondered if there was some 'rule' that people on here would know about.

I know about the standard agreements, sometime rights can revert after a while with some websites.
But I checked and the story is still up. I can't see it being a problem. But I've got some stuff where the rights have reverted to me, and some stuff I self published, as well as a lot of stuff that never made it.
I just thought that one in particular would make a good little 'vignette' type of game.

Ah well, thanks for the replies anyway.:smile:



PS. It's on a site called http://everydayweirdness.com/
 

ATT_Turan

Forewarner of the Black Wind
Veteran
Joined
Jul 2, 2014
Messages
4,930
Reaction score
3,130
First Language
English
Primarily Uses
RMMV
If the site is still up, then there must be someone maintaining it. Even if the Web site moderator isn't your old contact, it's a person involved with it who should be able to forward you to whoever keeps those records.

(This is, of course, a really good example of why it's important to keep organized copies of any transactions you sign)
 

Arthran

Veteran
Veteran
Joined
Jun 25, 2021
Messages
493
Reaction score
462
First Language
English
Primarily Uses
RMMZ
@Garryg

If you look at http://everydayweirdness.com/submit/ then you will see the submission guidelines for that site. Of particular interest is the section titled "Rights?". It looks like they only ask for First Electronic (exclusive for three months) + Anthology rights.

In short, since it has been longer than three months since they published it, you own the copyright, and full rights to do whatever you want with it. So go ahead and make your game.
 

ATT_Turan

Forewarner of the Black Wind
Veteran
Joined
Jul 2, 2014
Messages
4,930
Reaction score
3,130
First Language
English
Primarily Uses
RMMV
It looks like they only ask for First Electronic (exclusive for three months) + Anthology rights.

In short, since it has been longer than three months since they published it, you own the copyright, and full rights to do whatever you want with it.
Just to be technical and pedantic :wink: That's making the assumption those guidelines have not changed in the however many years since the OP published his story.

Is that probably a safe assumption? Yeah. :smile: Is it a good substitute for referencing the legal document? Not if something bad happens.
 

Arthran

Veteran
Veteran
Joined
Jun 25, 2021
Messages
493
Reaction score
462
First Language
English
Primarily Uses
RMMZ
Just to be technical and pedantic :wink: That's making the assumption those guidelines have not changed in the however many years since the OP published his story.

Is that probably a safe assumption? Yeah. :smile: Is it a good substitute for referencing the legal document? Not if something bad happens.
Yeah, I would have cautioned that, but I actually did use archive.org to check that same page 13 years ago, which as far as I can tell, is when the site was created, and it hasn't changed.

Of course, it would still be ideal if the OP had a copy of the actual contract that he signed, since there is no guarantee that it actually reflects what was posted on the site.
 
Last edited:

Garryg

Veteran
Veteran
Joined
May 16, 2022
Messages
114
Reaction score
48
First Language
English
Primarily Uses
RMXP
@Garryg

If you look at http://everydayweirdness.com/submit/ then you will see the submission guidelines for that site. Of particular interest is the section titled "Rights?". It looks like they only ask for First Electronic (exclusive for three months) + Anthology rights.

In short, since it has been longer than three months since they published it, you own the copyright, and full rights to do whatever you want with it. So go ahead and make your game.
I looked there and actually didn't notice that! So looks ok to use.

Thanks, I must be getting too old for this :eek:
 

Garryg

Veteran
Veteran
Joined
May 16, 2022
Messages
114
Reaction score
48
First Language
English
Primarily Uses
RMXP
I lost a lot of stuff when one of my old computer got destroyed a few years back!
NOW I backup!
 

Latest Threads

Latest Profile Posts

ScreenShot_8_7_2022_0_23_50.png
Unleash the hype beam...
hjyI4gQ.png


Made an attachment for the HUD that I can control the visibility of with switches. This tracks the current amount of items needed to finish a quest. Once you meet the requisite, it turns into "complete" because I figured it would be a good way to tell the player they're done. Also it stops numbers from going off of the UI.

Tortoise attacks black shoes. Hope everyone is doing well. :)
Banging my head on a wall balancing.
Game Making Every Day #13 :kaosalute:

Forum statistics

Threads
124,313
Messages
1,162,710
Members
163,114
Latest member
pinomedio
Top