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Situation of rights for Space Quest


robbo007

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Hi guys,

Just wondering what the current situation of the Space Quest rights are? Will you be able to use things like Buckazoids and other characters from the series in your new kickerstarter game? Would be great to know. Does suck that the big corporations hold the rights and have no plans to release or allow others to use them.

 

Cheers,

Rob

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The Space Quest rights are actually very muddled. The rights to the existing Space Quest games are very firmly in the hands of Activision. Elements within the Space Quest games, however, are not necessarily trademarked -- in fact, the rights to the "Space Quest" name itself was pretty muddled around 1995, when the SQ6 box bore the "Children's Museum of Indianapolis" disclaimer on the back.

 

However, the safest thing to do is to stay away from existing material. Thin ice and all that. If Activision's legal department would get wind of a Two Guys game with buckazoids and Roger Wilco in it, no amount of fan protests would change what came next. Even if buckazoids and Roger Wilco aren't technically trademarked, at least not in a legally binding sense.

 

(We already had a great big discussion on the difference between "trademarks" and "REGISTERED trademarks." As far as we can tell, only the name "Space Quest" is a registered trademark.)

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Activision holds the copyright to the Space Quest story. Derivative works based on that copyright are also protected against.

 

Activision doesn't hold any iota of a trademark to Space Quest - that's entirely held by the Children's Museum of Indianapolis and they can license as they see fit.

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Like I said, I am fine with it not being "Space Quest." I am fine with it being "SpaceVenture" staring some new character, with the same silliness that the previous Space Quest games had. (Even if it's not silly - and more of a serious game! But really - it's the TGfA - it's probably going to be silly!) That's all I care about! The game could be called "SpaceVenture" and star a former Spaceball Champion by the name of "Fergus Funk" and I would be all over this - just because it's the Two Guys From Andromeda.

 

I mean technically, the first Space Quest wasn't even about Roger Wilco. It could be whoever you named the character. It only "defaulted" to Roger Wilco if you pressed ENTER and didn't give the character a unique name! :)

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Activision holds the copyright to the Space Quest story. Derivative works based on that copyright are also protected against.

That's true, but from that point on it gets muddled. Is including a buckazoid an infringement, but the inclusion of The Two Guys characters aren't?

 

Activision doesn't hold any iota of a trademark to Space Quest - that's entirely held by the Children's Museum of Indianapolis and they can license as they see fit.

 

Is that still in effect? I haven't checked, and I can't remember if any of us actually went out and checked if there's a statute of limitations on those things?

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Is including a buckazoid an infringement, but the inclusion of The Two Guys characters aren't?

Copyright law is very tricky, especially getting into fair use and what not. Obviously they can't copyright every element of a story ("they used spaceships in their story so we are suing them for copyright infringement!"), so I think the Two Guys are OK.

 

Is that still in effect? I haven't checked, and I can't remember if any of us actually went out and checked if there's a statute of limitations on those things?

The Space Quest trademark is still active, the Roger Wilco trademark has been canceled. And as long as the trademark is in active use it doesn't have an expiration.
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Thanks guys. Seems a little clearer now :) Guess we will have to wait. Would be good to see another Space Quest adventure but if not possible I'm still looking forward the the SpaceAdventure with the two guys. The have my kickerstarter pledge now :)

 

This is getting expensive though. Wasteland 2, LSL1 and now Two Guys. All we need is QFG to come back on kickstarter and that will bust my bank account :)

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