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CONLANG  December 2012, Week 1

CONLANG December 2012, Week 1

Subject:

Re: Conlang & IP law

From:

Mathieu Roy <[log in to unmask]>

Reply-To:

Constructed Languages List <[log in to unmask]>

Date:

Tue, 4 Dec 2012 16:00:57 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (146 lines)

Interesting, thanks for the summary. Personally I prefer the United States' laws than the European ones concerning the fact that "American courts have been reluctant to overrule license agreements, which often remove rights that a user would otherwise possess" whereas European court did not. (http://arstechnica.com/tech-policy/2012/05/eus-top-court-apis-cant-be-copyrighted-would-monopolise-ideas/)

-Mat

-----Message d'origine-----
De : Constructed Languages List [mailto:[log in to unmask]] De la part de Sai
Envoyé : mardi 4 décembre 2012 05:22
À : [log in to unmask]
Objet : Conlang & IP law

I figure a summary might be helpful.

The following applies in the US; the copyright parts should apply to
all Berne convention countries (= most), no idea about the rest.

1. Copyright(s)

Copyright is a set of monopoly powers given automatically to the
author of a creative work as soon as it is fixed in form. It only
applies to that fixation and derivations thereof; it does not apply to
the idea, methods, or anything like that behind it.

You don't get copyright just for working on something; it has to be of
significant length, creative, new, etc. So eg the *information* in a
phone book or a map isn't protected by copyright (only the actual form
is), because it's just a compilation externally true facts about the
world.

So e.g. The Klingon Dictionary is a copyrighted book; you can't
republish, redistribute, etc without the owner's permission, because
that'd violate their monopoly. However, you could write your *own*
Klingon dictionary from scratch and be OK with *copyright* (though not
trade dress).

Registration is not necessary, just makes for somewhat different
burden of proof, damages, etc.


2. Patent

Patent gives a temporary monopoly on use of a particular method /
technology (approx.), if you make it public.  Has to be new, not
obvious to subject experts, etc. (At least in theory…)

There are a couple conlang related patents; I've sent links to list
before. But it's rare, and those patents are pretty silly IMO.

It's rather implausible that anything in an artlang could be patented,
but maybe someone will come up with some brilliant new creation method
and want to patent it?


3. Trademark & trade dress

Gives a monopoly on branding (essentially), so long as it continues to
be used commercially and is defended. Same as copyright re
registration.

This is why you don't get to make something new called the Klingon Def
Poetry Jam or the like (unless it's a parody), because by doing so
you'd be taking advantage of the company's effort in establishing a
brand.

Same goes for Dothraki e.g.; JRRM & HBO spent a lot of time & money
building up a certain image around it, therefore you don't get to eg
publish "The Secret Diary of Khal Drogo" without their permission,
'cause it'd mess with and coopt that image.

But it doesn't actually protect anything about the *language per se*;
it's purely about the *branding*. So you could eg write "The Fauxgon
Dictionary"; so long as you're not making consumers confused that it's
somehow 'official', endorsed by KLI or Paramount, etc., and you're not
copying text from or otherwise deriving their works, then you should
be fine.

---


IMO, the most questionable part of conlang IP is whether a lexicon can
be protected.

Clearly a grammar cannot be, other than by patent. Grammars aren't any
kind of fixed form, they're a process/technique/etc.

A vocabulary… well, e.g. English-English dictionary *entries* are
protected by copyright, because there is enough creativity in how to
describe / gloss / etc a given word. But that's crucially dependent on
it being a creative act; if in fact there is only a single way to
describe what that word means in English, then it isn't, and therefore
copyright wouldn't apply. (See eg recent court cases about cloning an
API in code.)

And while single words can certainly be *trademarks*, it's not
plausible to apply that to every entry in the lexicon (though it'd be
funny if someone made TradeMarkLang™, where™ every™ word™ was™
trademarked™…), and copyright doesn't cover such small things.

Would it cover a large *aggregate* of such micro-creativity, like a
lexicon? Phonebook cases say no, other things say yes, we don't really
know 'cause nobody's ever gone to court over it.

(Personally, I bet "no". I would argue that vocabulary, once created,
is an externally true fact about the world; the language simply
*exists* at that point, and anyone gets to describe or use it if t hey
want.

Otherwise, I could argue that if I make up a new word in English, like
'narn', then I suddenly get to control how you use it, which is
absurd. Ditto if I were to create a whole new suite of jargon words;
it's not reasonable to give me monopoly on their usage. And they're
*not* even in an exact fixed form, as the anti-DeCSS parodies help
demonstrate.)

As for "unauthorized" creation of *new* words: the only way that could
be controlled, AFAICT, is trade dress (because doing so would somehow
harm the image of it) or claiming it's a derivative work of something
copyrighted, namely whatever words it's derived from (which depends
again on whether the entire lexicon can be copyrighted).


I don't think that most of that matters, though, because pragmatically
speaking there's only one controlling factor: politeness. It's just
*rude* to use someone's conlang in a way they oppose. Even if they
can't sue you for it.


tl;dr: Don't try to coopt the world / characters / recognizable names
of something that's in commercial use (like Game of Thrones® by HBO®),
and you're probably fine.

E.g. if the people who applied for the Dothraki job wanted to publish
their entries as new languages of their own — stripped of any
reference to Dothraki / GoT — I think they'd be totally within their
rights to do so. (E.g. supposing they change the name of the tribe and
drop a couple of the more recognizable names.)

Ditto if someone wanted to publish a book of new poetry in Dothraki
(possibly including new words), without any cut to HBO — so long as,
again, they aren't essentially trading on Dothraki's goodwill etc. But
it'd be polite to loop in David on it anyway, even if it's not legally
required. :-P

- Sai

P.S. IANAL, IANYL, TINLA, IMO. Etc disclaimers.

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December 2004, Week 5
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October 2002, Week 5
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October 2002, Week 3
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March 2002, Week 5
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December 1998, Week 5
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