From: [EMAIL PROTECTED]
>> Whether or not you are depends on a number of factors. 
>> The mere act of drawing such an image means diddly squat. 
>> I can doodle all day long and there  is no court in the land 
>> that will convict me of any wrong doing. Now, if you 
>> were to *publish* the same illustration, 

<snip>

>> [regarding books] Yes you can. You just can't legally 
>> publish them without a license.

Perhaps I missed something in these "late night postings" -- but who the
heck cares what rights you do/don't have with things you don't publish.

I thought the entire discussion is about violating Copyright Law/Ruling or
the OGL -- which, of course, can only be accomplished by ACTUALLY
publishing.  

To point out that you can do it, as long as you don't publish, seams [to use
a phase you've used a couple times now ;-) ] a bit silly to me.


So just, to make sure I understand your viewpoint -- as I may have gotten it
mixed up, somewhere along the line here.  You believe that I can or can't
have an artist create the following illustration and PUBLISH them with
relevant descriptions, w/o placing myself in a position where someone COULD
(not that they would, but COULD) take me to court on the grounds of
copyright and trademark violation.  If you think, I'm only violating one but
now the other, could you share with us which.

1) A guy in black, with a wide hat, a mask, and a saber that is busy leaving
a distintive Z mark at the scene of some act of heroism.  He's descived as
an avenger with a Mexican accent. BTW his name is Zorro.

2) One or more humans, or aliens wielding "swords of energy" that that glow
with a Green, Blue or Red hue, set in a scene that appears more
technologically advanced then modern day.  They are described as a group of
followers of a "hookie pokee" religion, where they believe there is an all
powerful force in the universe, and that they are able to "listen to it" or
be "guided by it."  They either tap into this "force" for good or evil, the
light or dark side.  BTW they're called Jedi, use Light-Sabres and the "all
powerful force" is called -- "The Force"


Now, I've come to understand that I'm probably safe creating a description
of something from the SRD Mind Flayer that is extremely close to an
"Illithid" but as long as I don't call it that I'm probably safe.  The same
could be said about creating a description of a hobgoblin.  But if I then
choose to create (and of course publish) illustrations, linked with those
descriptions, that is easily recognizable as being a near copy of a
Illustration providing in a WotC or TSR publication, I think I've crossed
the line, and am now liable.  Even if I haven't "technically" crossed the
line, I would prefer to err on the side of caution and would consider it as
such.

(This is of course from a barely educated (some college) guy, with no legal
background, based solely on the info at the copyright office, a couple of
Nolo Press Books, and the opinions of the people here on this list serve.)


--
Mike
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