Heroscape Licensing (Where to go?)

[Majora's Incarnation]

I wanted to put out a question to the general community. I was planning on finishing up part 1 of the current Fan Fiction novel I have in the works, and then after major edits and other things, I wanted to publish it on an eBook site (primarily PubIt from B&N). I need to acquire permission first, but I do not know where to go. I sent an email to customer support from WotC and they asked me to write a letter to their permissions department, which I have not received an answer for. (this letter was sent last year.) I was going to write Hasbro, but I was pretty sure that they do not handle the licensing on Heroscape anymore, since its discontinuation.

I want to make sure that I can provide the eBook file for anyone interested, (at no cost of course), without having a hefty lawsuit for plagiarism over my head. Thanks for any input anyone has to offer!

-MI

[delphic]

There may not be an answer to this question.

HeroScape now cancelled with possible rights sales in the works, maybe in limbo as far as decision making is concerned. They may not want to make a decision that might effect a future owner of the brand.

I am Canadian and all I can offer is my first year law knowledge. This is what I would do.

I would resend the letter (the same one and a forward) describing that you have not received a response and that a lack of response will be taken as permission after a period of 3 months. Use Registered mail to establish the date and time of delivery.

In Canada under Tort Law that puts the onus on them to give you a timely response, or lacking a timely response permission can be assumed and defended in court.

Mail a second copy of all the contents of your letter to yourself and once it arrives in your mail box do not open the envelope. The post office stamp will further establish the time you sent the letter which can be opened in the presence of a judge or officer of the court.

That is how I would handle it, I think that once you establish that 3 month time line, they will give you a very quick response.

Good Luck and looking forward to reading your story.

Delphic

[chas]

Speaking as an uninformed layman, I'd send the second letter referencing the first to Hasbro, which is WOTCs parent company, and retains the rights to Heroscape. The game had been assigned to WOTC by Hasbro, but they are the men in charge!

[Kroz]

Originally Posted by Xorlof

With the usual disclaimer that I am not a lawyer, I'd say permission is not required in the USA if 1) it is free, and 2) your work does not "damage" the Heroscape brand (depict it in a bad way).

This opinion is based on what I heard on this podcast: http://www.wpr.org/book/110102a.cfm. In the last segment of that podcast, there is an interview with an author who wrote a book about fan fiction and the author gives those as the guidelines to follow. I'd suggest you listen to it or get a copy of the book at the library to learn more.

Just because it's free doesn't necessarily guarantee it's legality. Technically if you wish to show a movie to a large group of people (not just a small group of friends) in even just a semi-public place then you must receive permission from the copyright owners to do so.

I'd do what delphic has said and also send a copy to Hasbro. Personally I don't think you should have too much trouble though.

[Majora's Incarnation]

Well, I'm going to take all the advice here and put it to good use. I'm incredibly grateful for your guys' help, which definitely helped me.

We'll see how Hasbro/WotC replies to the request.

[Majora's Incarnation]

http://www.hasbro.com/en_GB/corporat...quest_form.cfm

I found this in my searches for an address to write Hasbro, and I believe this may be an answer to my licensing dilemma. Of course I will be sending my letters to the respective companies.

Should this work?

[Rocktroll]

Good luck! Hope to read your work soon

[Majora's Incarnation]

I finally got my letter back (after I had sent the follow-up a day before) and this is what it said

Originally Posted by Associate Brand Manager Hilary Ross

Thank you for contacting Wizards of the Coast regarding the status of the Heroscape game and with your request for the licensing rights to a Heroscape novel series.

Unfortunately, we are not able to fulfill your request to release the biographies, nor are we able to grant you permission to pursue a novel series related to the Heroscape property.

I do apologize for taking so long to reply to your letter.

I did ask about unreleased biographies, that way I would know how to include the dwarves and the other Wave 9 characters into the storyline of my novel, but as seen in this letter I come to one conclusion:

WotC does not want to use the Heroscape property any longer.

This probably was already realized from the very beginning, but with my letter I offer valid proof that there is no plans for a revival of any sort, or use of the license. The official game is dead, officially. As seen in this letter, I do not believe our game is any longer important to them.

That is why I encourage all here to send your encouragement, compliment and support towards C3V, BoV, SoV, C3G, and all the amazing custom works that are forming in this fan site. For they now hold the future of the game.

I have put a lot of work and effort into my novel, and as stubborn as I am, I am not going to quit because I can't use the property. Therefore, I am creating a completely original storyline based off of Heroscape. There will be differences, but the parallels are definitely there. So indeed, I will make a tribute to Heroscape, and the 6 years of wonderful gaming it has provided me and everyone on this site.

Thanks for everyone's help!
-MI