The effect of your work on the copyrighted workвЂ™s market is tested to determine if youвЂ™re actually harming the copyright. Similarly, if IвЂ™m remembering correctly, most annotated texts face the same issue, even though they substantially expand the workвЂ™s context. This gets a little more complex in that you can potentially take вЂњthe heartвЂќ of the work, in a fairly concise excerpt, and actually commit copyright infringement.ДЄmusingly enough, if Pride and Prejudice wasnвЂ™t in the public domain (meaning the copyright has expired) Pride and Prejudice and Zombies would be an excellent example of a situation where the work passes the transformative test, but completely fails the substantiality test, because it copies the entire text. Did you simply copy down the bulk of the copyrighted work. The amount of the work taken tests to see, exactly that.

This oneвЂ™s actually fairly complex, but what it basically means is that copyright law is more protective of art than non-fiction. The nature of the original work is tested to determine if thereвЂ™s a compelling interest to protect it. If you have a vaguely viking themed setting, and your character from the outside world wanders in, looks at the architecture, mountains, or whatever, and says it вЂњreminds them of Eastmarch in Skyrim,вЂќ thatвЂ™s probably not going to be infringing. So, if you land your character in The Land of Skyr!m, and do nothing to differentiate it from the Tamerilic province, thatвЂ™s going to be infringement. Historically, simply lifting characters or settings, and using them in your own material, without substantially reworking them is not transformative, and as a result is copyright infringement. The best example of this are reviews and critique, which will take a copyrighted work, and then discuss it in detail. For a work to be transformative, it needs to alter the copyrighted material in some way fundamentally alter the nature or context of it. The transformative test is basically asking if youвЂ™re simply lifting copyrighted material wholesale. Is the work transformative? What is the nature of the original work? How much did you take? What effect does the alleged infringement on the market for the original work? And, sometimes, what is вЂњthe characterвЂќ of your use? In copyright, Fair Use is usually examined through four (five) tests. Fair use is an вЂњaffirmative defense.вЂќ This is the legal equivalent of saying,В вЂњyes, I did what theyвЂ™re accusing me of, but the law theyвЂ™re using donвЂ™t apply because of this.вЂќ ItвЂ™s worth pointing out that, yes, you can be sued, even without naming your setting. ThereвЂ™s two ways this can go, copyright or trademark. If youвЂ™re going to say вЂњSkyrim,вЂќ then just say it. Incidentally, censoring out a random vowel does nothing, legally.

вЂњI made this thing, it does something unique, itвЂ™s mine, you canвЂ™t take my work and leave me with nothing.вЂќ None of these work exactly that smoothly, but itвЂ™s worth keeping in mind. вЂњIвЂ™m selling this product, you donвЂ™t get to sell your own product while pretending to be me.вЂќ Patent is the protection of inventions and innovation. вЂњI wrote/painted/created this piece of art, it is mine.вЂќ Trakemark protects what you sell, at market. Copyright is the intellectual property law that protects what youД¬reate artistically.

ThereвЂ™s three parts to Intellectual Property Law copyright, trademark, and patent. Just using the term as a one off line would probably be De Minimis, though IвЂ™m not a Intellectual Property Rights attorney, so take this with a grain of salt or twenty.

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