I’ve been interested in the board game Monopoly for quite some time, and have compiled quite a large amount of data relating to gameplay and strategy. Upon finding out that CafePress allows self-publishing at rather reasonable rates, I think I’d like to format all this for publishing, at least for myself and my group of Monopoly-aficionado friends.
My question, basically, is how do I go about doing this without Hasbro knocking on my door? Do I have to get their permission or not necessarily?
I realize it’s a rather nuanced and complex subject, so if anyone knows of a good online resource for this, I would be most grateful.
There’s no real problem to writing a book on a trademarked item. All you need to do is note somewhere in the beginning that, e.g., Monopoly is a trademark of whomever, as well as any additional trademarks that the company might have that you discuss. The first amendment covers text quite adequately.
The problem usually lies in pictures of the product. Companies have more control over visual depictions, so illustrations of the board, the pieces, even box covers can be a problem.
A quick check at Amazon shows at least a dozen books on Monopoly. You should look at them to see what kinds of permissions they list, if any, and how they handle their illustrations.
I know primarily how it works in fiction: you can use any trademark. You will be asked by the trademark holder to use it correctly, as an adjective, and capitalized. Thus, “Kleenex tissues” is fine, while “a kleenex” will get you a nasty letter.
However, it is highly unlikely that the company will do more than just write the nasty letter. They are not interested in taking you to court. Why? Because what happens if they lose? Too big a risk. And by sending you the letter, they are upholding their trademark, which can be used if there’s a serious case of someone using it (e.g., “Joe’s Kleenexes.”).
For a book on it, it’s harder to say. It would be a good idea to cover you bases and ask for permission. In generaly, they may be happy to get the free publicity, but they also may decide that the book is not something they want to encourage (for instance, there may be another book they licensed that covers similar ground).
Since I got two essentially contradictory answers ;), a bump for the weekday folks.
To expand slightly on the answers I’ve been given already. . .
Exapno Mapcase: Indeed, I’m aware of the image thing. I wouldn’t be using many images, most likely. FWIW, Monopoly’s copyright notice on their own website says:
I’ve read some books about the game, but I didn’t know if the folks had written to Hasbro and gotten permission, or if just posting the notice was enough.
RealityChuck: Yeah, I thought it was less rigorous for fiction. Most likely it wouldn’t go beyond a few friends and I purchasing a few copies, and maybe the odd one here and there, but still it would be linked to my name and whatnot, so I’d like to know my rights and restrictions.