Is it possible to do some kind of "licensing" that alows me to be using my character(x), in non, aswell as -commercial games, still allowing individuals to do non-commercial work with (x), and then, if i (hypothetical) gets hired as an 1/2/3rd party developer, still can be using (x)? Is it possiblt to havde different versions of (x) like (X) (more than one version of (x) allowing individuals to "make (x) their own", comparing it to mario, a fat mario, a tall mario etc, do i have to license every single "version" of it, or do i automaticly gain "acces" to every possible "version/look-a-like/similair of (x) ) (im realy sorry if its quite confusing, its kinda hard to explain, without saying to much, but anyway) thanks for your time! MadsG

You're right... that is really confusing. Let me see if I've got the idea:

The first part: You have a character that you'd like to use in your projects, as well as letting others use it in their own non-commercial projects. However, you're worried that if you get hired by someone, whomever it was that hired you will get the license.

Answer: Getting hired by someone does not mean they get access to any property (intellectual or otherwise) you have. They will have no say regarding this character (assuming you didn't create it explicitly for someone, in which case who owns it is defined by the work agreement you have with them). That said, if, say, a publisher hires to to make a game based on this particular character, they will probably require you to relinquish control of the the character. In that case, if you have licensed the character out already, I *believe* they are required to uphold the currently existing agreements with licensees. Your best bet is to consult an IP attorney.

The second part: You want to know if someone can make a relatively minor modification to your character and thereby "escape" from having to license the character from you.

Answer: No, someone cannot take your character, make a minor change and use it license free. Aside from some notable exceptions, such as satire and news, anything that is obviously your character is still YOURS.

Gustaf wrote:
>Is it possible to do some kind of "licensing" that alows me to be using my character
>(im realy sorry if its quite confusing, its kinda hard to explain, without saying to much, but anyway)

I deleted all the confusing stuff from your post. And actually, that leaves us with more confusing stuff.

You don't need a license to use your own character. So are you asking if you can license your own character to other people?

ANYTHING IS POSSIBLE. Except to understand what you are asking! (^_^)

Quote:

Original post by MadsGustaf Is it possible to do some kind of "licensing" that alows me to be using my character(x), in non, aswell as -commercial games, still allowing individuals to do non-commercial work with (x)

Yes, you use an open source or creative commons or other similar license (depends on exactly what you want) which will allow others to use your creation for non-profit.

Quote:

....and then, if i (hypothetical) gets hired as an 1/2/3rd party developer, still can be using (x)?

X is already yours, that doesn't change if you get hired. - of course the company may prefer you to concentrate on your work rather than a side project that involves X. This is an employment contract issue not a licensing issue.

Quote:

Is it possiblt to havde different versions of (x) like (X) (more than one version of (x) allowing individuals to "make (x) their own", comparing it to mario, a fat mario, a tall mario etc, do i have to license every single "version" of it, or do i automaticly gain "acces" to every possible "version/look-a-like/similair of (x) )

Something either is X or it isn't. Mario is still Mario even if he is fat. The question is who would want to use the fat Mario in their game instead of the real one. You also risk destroying what makes the character good by taking away any logic. If the character is fat one minute, thin the next, tall, short, can fly, can't fly it ceases to be the character that people liked.

Quote:

Something either is X or it isn't. Mario is still Mario even if he is fat. The question is who would want to use the fat Mario in their game instead of the real one. You also risk destroying what makes the character good by taking away any logic. If the character is fat one minute, thin the next, tall, short, can fly, can't fly it ceases to be the character that people liked.

i cannot explain it further, i would have to say too much. ill show (x) when ive licensed/got copyright to it, and youll se everything makes beautiful sence :).

thanks everyone for answering. All these answers leeds me to one last question: (hypothetical:)i have now licensed (x) and a few years later, i get hired by Activision, who wants me to make a deeper game with (x) in their house, and then publish it. is it possible, that i can "give" them permission to develope/publish (x)

Gus wrote:
> (hypothetical:)i have now licensed (x)

When you say you "licensed X," do you mean you created X and you licensed it to some other party? Or do you mean someone else created X and you licensed it from them? Since in the previous paragraph you equate "licensing" with "getting copyright to" a thing, I assume you mean the former. You created X and you're licensing it to some other party.

> and a few years later, i get hired by Activision, who wants me to make a deeper game with (x) in their house, and then publish it. is it possible,

Anything is possible. http://www.sloperama.com/advice/lesson50.htm

>that i can "give" them permission to develope/publish (x)

No, you can't "give" permission. A license should never involve zero money changing hands. The license should be at minimum $1 (one US dollar - or one Euro - or one RMB - or one British pound - some small sum of cash - at least).

It sounds to me like you're asking "can I license a thing twice" (now you're licensing it, and later you want to license it to your employer). You can do that if the initial license is:
A. Non-exclusive, if you'd previously licensed it TO someone.
B. Sub-licensable, if you'd previously licensed it FROM someone.

As for the question of your employer creating a game based on IP you created before joining the company, that is possible, but note:
A. When joining the company, make sure you document the fact that you had previously created the IP.
B. Once within the company, if the company accepts internal submissions, make sure they understand/remember that you're pitching IP you created before joining the company, therefore they won't be owning the IP.
C. Negotiate the terms of their using your IP. It's a bit unusual but it can be worked out.

Thanks for your replys everyone, youve all been very helpfull :)!

tsloper> yes, i might have mixed licensing with copyright or similiar, advocacy realy isnt my area :)
how well should my IP be documented? isnt the fact that i have license, proving the fact that my IP was licensed on x date, and that i joined Activision on (lets say) x+1 date be enough of provement?

again, thanks for your help!

Quote:

Original post by MadsGustaf ...ill show (x) when ive licensed/got copyright to it,

You appear to be confusing these two. You don't need to get a license for your own IP... it's yours already. A license is what you get (from someone else) to use their IP.
Likewise you don't need to "get" copyright - it exists as soon as you create something. You can register the copyright with you governments copyright agency/dept for extra protection should you wish.

Quote:

...i get hired by Activision, who wants me to make a deeper game with (x) in their house, and then publish it. is it possible, that i can "give" them permission to develope/publish (x)

Short answer "yes it would technically be possible"
Long answer "no" - because the situation as described wouldn't make any business sense.
1. If you already made games featuring X and they were successful why would you want to give up and go and work for Activision. Why not stay independent and just make a game for them. Alternatively just license the Ip to them and let them get on with it.
2. If X wasn't already successful Activision wouldn't be interested in making games with that IP - or, if they did they would require that you give them the IP (because they are spending so much on making the game).

Gus wrote:
>isnt the fact that i have license,

Do you mean a registered copyright? We already clarified for you that a license is a different thing from a copyright - you mustn't continue using the term wrongly.

>proving the fact that my IP was licensed on x date, and that i joined Activision on (lets say) x+1 date be enough of provement?

Facts that aren't documented cannot be proven. You need provable documentation of these things. For instance, registering a copyright before joining the company, and keeping a written record of having registered the copyright - and keeping a copy of the signed dated employment contract.

I can tell you I wrote a particular game design on April 15th 2006, and I can give you the file on a computer disk where the file's date is shown as April 15th, but that isn't provable documentation. It's easy to reset the computer's timestamp to April 15th 2006, then create a file and save it, thus the file is dated April 15th 2006 but was actually created on a different date.

Provable documentation is solid evidence of the fact. You need that if you're going to try to do the sort of thing you suggested (which, as Dan rightly pointed out, is extremely unlikely to succeed).

Quote:

Original post by Obscure Short answer "yes it would technically be possible" Long answer "no" - because the situation as described wouldn't make any business sense. Why not stay independent and just make a game for them. Alternatively just license the Ip to them and let them get on with it.

YES! thank you! that was EXACLY what i was trying to say! im sorry for confusing you all! so copyright is something i get on (x) to protect others from stealing/making similiar ip.
thanks for clearing everything up! :D