Copyright Strikes Again!

In my last post, I was talking about generating new cards for the fantastic game "Ex Libris".

I emailed the manufacturers to see if they had any objections - and to see if they were releasing any updates. With their kind permission, I'm posting their reply in full.

Dear Mr Eden,

We are delighted that you love our game 'Ex Libris' and understand your frustration about the limited number of cards in the pack, but I'm afraid that we would strongly object to you creating ' unofficial' new cards for Ex Libris that you either publish or post on your web site.

We have several reasons for objecting, but the primary reason is that you would be breaking all manner of copyright laws (UK and US) in publishing these cards without the permission of the author/publisher/agent of any work still within copyright. As I am sure you know, a book does not come out of copyright until at least 50 years after the death of its author. We would be exceedingly unhappy if you were to even suggest that your cards are 'New Cards for the Game of Ex Libris'. This would create the impression of an association between Oxford Games and yourself, which does not exist.

As you may imagine, it took a considerable effort to obtain the necessary permissions for cards in the original deck. And some authors' estates did not grant permission (Agatha Christie's for one) even though we produce Ex Libris in association with the Bodleian and British Libraries.

Finally, please be aware that we are currently working on a new set of cards for Ex Libris, which we may make available online in some form or another. We will keep you posted.

Meanwhile, I trust you understand that , well intentioned as they certainly are, we cannot endorse your efforts.

Kind regards

Leslie Scott

Oxford Games Ltd

So, the good news is new cards are coming! The bad news is that I cannot (legally) create my own to share (freely or not). To make it clear, I did not intend to create an impression of any association with Oxford Games.

I am particularly indebted to Emily Goodhand - aka "CopyrightGirl" - for providing a some advice.

@edent mm interesting idea, looks like a fun game too! I wonder if the game is licensed itself? Well, given that Infopaq decided that 11..

— Emily (@copyrightgirl) November 8, 2011

@edent words constituted a substantial part, the chances are that the reproduction of a paragraph is going to infringe if you sell it..

— Emily (@copyrightgirl) November 8, 2011

@copyrightgirl fair enough. To give the cards away for free would also need permission?
But, yes, great game. Worth buying 🙂
Thanks!

— Terence Eden is on Mastodon (@edent) November 8, 2011

@edent it'd have to fall under a defence but I can't think of one that it would count as... :-s

— Emily (@copyrightgirl) November 8, 2011

The "Infopaq" comment refers to a European Court of Justice decision which stated that even an 11 words excerpt was copyright infringing.

Which, is a bit annoying, but there we go. There is nothing to stop me creating cards for my own private use - or even creating cards from books in the public domain. But nothing from works still in copyright.

Many thanks to Leslie at Oxford Games for the swift and courteous response.