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Homages and the EULA

How well do they get on? For instance, I played an excellent Foundry Contest mission a while back entitled "A Good Ship Goes To War", which had a nameless man wearing a bow tie who travelled through time. No names were used and so there's absolutely nothing concrete to tie it to any BBC sci-fi series much beloved by many generations.

Likewise, two episodes of DS9 come to mind: The Sword of Kahless, which bears more than a passing similarity to the adventures of Indiana Jones, albeit in space; and Our Man Bashir, which was so close to the 007 series that it got a stroppy letter from MGM.

But how would it fare in the Foundry, if no names were mentioned? If one of those two episodes, or any of the others I can't think of, had been foundry missions, would they have passed the EULA?
Post edited by teklionbenrasha on

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    psycoticvulcanpsycoticvulcan Member Posts: 4,160 Arc User
    edited May 2013
    I think homages are fine, as long as you don't recreate any real-life actors.
    NJ9oXSO.png
    "Critics who say that the optimistic utopia Star Trek depicted is now outmoded forget the cultural context that gave birth to it: Star Trek was not a manifestation of optimism when optimism was easy. Star Trek declared a hope for a future that nobody stuck in the present could believe in. For all our struggles today, we haven’t outgrown the need for stories like Star Trek. We need tales of optimism, of heroes, of courage and goodness now as much as we’ve ever needed them."
    -Thomas Marrone
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    paxfederaticapaxfederatica Member Posts: 1,496 Arc User
    edited May 2013
    I think homages are fine, as long as you don't recreate any real-life actors.

    The trick is to be subtle, but not too subtle. I have several 007 references in my Ghosts of War series. The Starfleet Intelligence admiral you deal with throughout the series is named Madelaine (as in, begins with "M") Youngs. Her mobile base is a ship named the S.S. Fleming (named for original 007 author Sir Ian Fleming) representing a fake front company called Interstellar Exports, Ltd. (a stand-in for Universal Exports). The fake ship's fake company representative is named Miss Pomeny (a partial anagram of Moneypenny).

    Meanwhile, much of my upcoming Romulan GoW prequel trilogy Valley of the Shadow will take place on a planet called Nivay IV - that's Yavin spelled backwards - which is under threat of a planetary doomsday weapon. I trust you can figure out for yourself which franchise that's honoring. ;)
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    lincolninspacelincolninspace Member Posts: 1,843 Arc User
    edited May 2013
    I always thought our man bashir would be a great source for a foundry mission and as long as it didn't use bond characters or ds9 actors likenesses it would be just fine.
    A TIME TO SEARCH: ENTER MY FOUNDRY MISSION at the RISA SYSTEM
    Parallels: my second mission for Fed aligned Romulans.
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    dalolorndalolorn Member Posts: 3,655 Arc User
    edited May 2013
    The trick is to be subtle, but not too subtle. I have several 007 references in my Ghosts of War series. The Starfleet Intelligence admiral you deal with throughout the series is named Madelaine (as in, begins with "M") Youngs. Her mobile base is a ship named the S.S. Fleming (named for original 007 author Sir Ian Fleming) representing a fake front company called Interstellar Exports, Ltd. (a stand-in for Universal Exports). The fake ship's fake company representative is named Miss Pomeny (a partial anagram of Moneypenny).

    Meanwhile, much of my upcoming Romulan GoW prequel trilogy Valley of the Shadow will take place on a planet called Nivay IV - that's Yavin spelled backwards - which is under threat of a planetary doomsday weapon. I trust you can figure out for yourself which franchise that's honoring. ;)

    And after that, you'll make Foundry missions where you're fighting parasitical beings called the Dlu'aog, who call their warriors Affaj and live on the planet Arakad. :rolleyes:

    And have a ship class known as the Kat'ah. :P

    Infinite possibilities have implications that could not be completely understood if you turned this entire universe into a giant supercomputer.p3OEBPD6HU3QI.jpg
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    joe3871joe3871 Member Posts: 29 Arc User
    edited May 2013
    So one couldn't create a mission where Admiral Kathryn Janeway gave you your orders, and you had to meet Cpt Harry Kim on the Rhode Island to help him carry out the mission?

    But Miral Paris appears in the Episodes as a npc contact?
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    psycoticvulcanpsycoticvulcan Member Posts: 4,160 Arc User
    edited May 2013
    joe3871 wrote: »
    So one couldn't create a mission where Admiral Kathryn Janeway gave you your orders, and you had to meet Cpt Harry Kim on the Rhode Island to help him carry out the mission?

    You can, as long as Janeway and Kim don't actually appear in the mission. Maybe have a boff say "Admiral Janeway has ordered us to the Devron System" or "Captain Kim reports no sign of Klingon activity" or something like that.
    NJ9oXSO.png
    "Critics who say that the optimistic utopia Star Trek depicted is now outmoded forget the cultural context that gave birth to it: Star Trek was not a manifestation of optimism when optimism was easy. Star Trek declared a hope for a future that nobody stuck in the present could believe in. For all our struggles today, we haven’t outgrown the need for stories like Star Trek. We need tales of optimism, of heroes, of courage and goodness now as much as we’ve ever needed them."
    -Thomas Marrone
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    joe3871joe3871 Member Posts: 29 Arc User
    edited May 2013
    You can, as long as Janeway and Kim don't actually appear in the mission. Maybe have a boff say "Admiral Janeway has ordered us to the Devron System" or "Captain Kim reports no sign of Klingon activity" or something like that.

    But it still doesn't explain how can they use Miral Paris? She was portrayed by an actress in the last episode of Voyager. If they can use her why not anyone else? And then there was Dr McCoy and Mr Scott in the Devidian story line.
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    markhawkmanmarkhawkman Member Posts: 35,231 Arc User
    edited May 2013
    I don't think Miral Paris actually uses the appearance of the actress. But even so, Cryptic has probably gotten special permission to use certain likenesses.
    -=-=-=-=-=-=-=-
    My character Tsin'xing
    Costume_marhawkman_Tsin%27xing_CC_Comic_Page_Blue_488916968.jpg
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    elanachanelanachan Member Posts: 0 Arc User
    edited May 2013
    I personally find it somewhat ridiculous that we can't show the likeness of characters who weren't in heavy makeup. While I don't remember where I've seen it off hand, I've seen past instances where characters who's likenesses resemble the actors who played them have been shown with no legal issues cropping up as a result, as long as the character in question was originally part of the series to begin with.
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    sarek93sarek93 Member Posts: 274 Arc User
    edited May 2013
    This is one area that has had little clarification from Cryptic. My understanding (and mind you I'm not a lawyer) is that if the appearance of the character does not look like the appearance of the actor (again, rather unspecified how different is different), then you should be OK. Most people don't bother with it because they don't want to risk the mission being pulled or getting sued. I've been toying with putting Data in a mission and making the face not look like Spiner's, giving him grey hair and a beard. Now as to whether that would be considered to be too much like Spiner's appearance to infringe the EULA, I have no idea. The other two options you have are to use a character that looks similar and not call them "Data" or "Admiral Janeway" (the aforementioned man in a suit who travels the galaxy being another example).
    "Insufficient facts always invite danger." - Spock
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    ddesjardinsddesjardins Member Posts: 3,056 Media Corps
    edited May 2013
    Intellectual Property is a touchy subject, especially with the owners of that IP. The Foundry is problematic for Cryptic since they generate revenue from its availability.

    Hence the need for strict guidelines as to what can or cannot be used in player generated content. It's not fan-fic, but a viable source of revenue.

    Homages in ST episodes are one thing - they get clearances from legal before production on an episode airs. Even they they run into problems. DS9's famous time-travelling tribble episode is a great example. They didn't have the 'right' to reuse Shatners image from a previous show in a new production. Another example is Larry Niven's contribution to the animated series, or Harlen Ellison's Guardian of Tomrorrow.

    These type of problems exist because the lawyers of the day didn't cover every use of the material when they acquired it in the 60's. Back then, television wasn't about reruns, dvd's, spin off's and licensed goods.

    Todays contracts are much more defined in terms of who owns the IP and what can ultimately be done with it. And that's why the Foundry's rules are so strict.
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