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Would legal action be taken against me?

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  • Would legal action be taken against me?

    All joking aside, Im really quite worried about this. Would any legal action be taken against me if I used a few ideas from Alan Wake and put it in a book that I'm planning? Just wondering. Need to be sure before I publish it.

    Im not exactly stealing the whole idea, but just generally the whole concept of the Darkness guys.

  • #2
    Re: Would legal action be taken against me?

    I'd suggest talking to a lawyer and getting their opinion rather than asking a community for legal advice.

    That would be my first step if I was even remotely serious about the book.


    • #3
      Re: Would legal action be taken against me?

      This is an amazingly open-ended question that I couldn't begin to answer in a definitive manner. How could I? I don't even know what you would want to use, or how. I can't promise that you won't get in trouble, especially as I don't know what you're planning to do. (And please don't take this the wrong way, but don't tell me.)

      Please don't take offense at this, either: there is "being influenced by," and there's "plagiarized from." The former is cool and an entirely legitimate part of the creative process, and can take many forms. The latter is not. If you aren't sure which one you're doing, that may tell you something about how prepared you are to write a book like this, or how well you have chosen your subject material.

      If you are very serious about this and intend to do it, as Pete says, consulting a good lawyer with applicable expertise might not be a bad idea. I can talk about this in general terms, but I can't give you actual legal advice.
      Story Team Manager at Remedy. Like the occasional stupid remark? Follow me on Twitter: @MikkiRMD


      • #4
        Re: Would legal action be taken against me?

        Two Words:
        Shadow People
        Last edited by eskimosound; 03-29-2012, 10:49 PM.


        • #5
          Re: Would legal action be taken against me?

          Okay, I can help you with this one.

          There are no laws against the written word. You can pretty much be inspired by any piece of work and write it in your own words and they can't do anything about it. (Freedom of speech) This is also why you see so many different novels based around the same thing. Fiction and Non-Fiction. You can't patent words.

          However, if you are copying the ENTIRE story and using WORD for WORD parts of the manuscript in the game, then that is plagiarizing.

          The main thing here is, the game Alan Wake can really inspire you to write a book and that's a really good thing. However, to copy ideas from Alan wake directly, like "The Darkness Guys", would be you missing the point.

          "The Darkness Guys" are not Remedies creation. Entities like this have been written about for years. Remedy was inspired by it and changed the way they are viewed and put it into their own words. Creatures that can't be sustained in the light. Dark vs. Light. Good vs. Evil

          Remedy even openly admits to taking some ideas from other sources of material. At the beginning Alan Wake even says, when the guy is taking an axe to the door, "It was like Jack Nicholson from "The Shining"" So they are even admitting to copying the idea from that movie, but they are doing it in their own way.

          I purchased one of Stephen Kings newer Novels which is 5 short stories and in it he does that as well. He even uses "Ford Expedition" rather than just "SUV". I'm not sure if you need the rights to write Brand name things into your novel, but in my opinion, if you ever plan on writing a classic that's timeless, using Brand Names isn't the way to go.

          All in All, use Alan Wake to INSPIRE you to write a Novel, the same way Alan Wake was inspired by many other novels/movies. Don't copy parts verbatim and you should be fine.
          Last edited by Caultahgew; 04-20-2012, 06:28 PM.


          • #6
            Re: Would legal action be taken against me?


            Perfection is the key


            • #7
              Re: Would legal action be taken against me?

              I'd honestly, say no. Remedy Entertainment, as well as any affiliates of RMD, Microsoft, etc.. have no trademarks of any kind on any darkness character. That, in itself, is something that couldn't be trademarked due to being such a general term. Now, maybe the Taken, that's where you'd be pushing your luck, but utilizing darkness characters for a book wouldn't draw any legal actions upon yourself, unless of course you're using the EXACT same idea Remedy did with Alan Wake. They'd need to have some amazing Lawyer's to be able to pull that off, but other than that, as long as the majority of your ideas are original and draw no named ideas from Alan Wake or Remedy Entertainment, I personally believe you're in the clear their, bud .