GW just updated their IP guidelines and it looks like some things are business as normal for the community, but are a bit worrisome…
We all understand GW has to do certain things to protect their copyrights and overall Intellectual property, so we’re not bashing any of that, but some of the new rules are, shall we say, interesting. Most importantly these rules seem particularly aimed at video content creators/animators and fan-fiction/lore sites.
So if you plan on starting projects involving any GW copyrights these are worth keeping in mind. It is probably worth reviewing the full list of their guidelines here. We’ll break down some of the big ones below.
GW Updates IP Rules: Fan-Fiction
Yes, we know this isn’t fan-fiction, but many fans aspire to such lofty heights
- not include text, artwork or imagery copied from any official Games Workshop material
- be non-commercial, with no money being received or paid. This includes all forms of fundraising activity, and generation of any advertising revenue
Nothing crazy here, but if you plan on writing a fan-fiction piece, don’t plan on making any money from it. If you want to make money from your writing of GW-inspired stuff, your best chance is to write something so good they end up hiring you. The artwork side of things almost mirrors this exactly, so again, it seems like they want fans making nothing from art based on their copyrights.
Fan-sites:
- not include text, artwork, imagery, footage or animation copied from any official Games Workshop material
This one seems to be one of the hardest to enforce because if you’re going after a fan site, you basically are going after an entire platform that promotes GW’s work.
GW IP Guidelines: Videos
First off, they say they will have a zero-tolerance policy for all of this, which really hits the content creators the hardest. Especially if you’re trying to make videos, since they have started Warhammer+, they really are trying to corner the market on Warhammer animations.
- Fan-films and animations – individuals must not create fan films or animations based on our settings and characters. These are only to be created under licence from Games Workshop.
- Games and apps – individuals must not create computer games or apps based on our characters and settings. These are only to be created under licence from Games Workshop.
So if you are planning on making GW content, be careful. With these new rules, they are going to be looking closely at anyone making digital content of any kind.
3D Printing:
- counterfeit models – our products must not be reproduced and sold.
- imitation models – our products must not be imitated. Imitators produce models which copy heavily from Games Workshop’s artwork, books or products.
- recasting and 3D printing – our products must not be illegally re-cast or scanned, nor should digital designs of our products be illegally produced and distributed.
- Illegal downloads – our publications, audio books, and other material protected by copyright must not be illegally uploaded, shared, or distributed in any format.
- unauthorised use of our trademarks – unauthorised use or registration of our trademarks in respect of similar products or services is not permitted.
We’ve talked about this in-depth, so we won’t go too deep here. Just know GW hates when people 3D print their stuff one to one.
If you want to read more about this side of the issue, you can check that out here.
Long story short, from art and videos to actual miniatures, a big part of Games Workshop protecting their IP has to do with a work being confused as an actual GW product.
Update: This change of policy has led to a lot of negative feedback against GW, from calls of a boycott to 3:1 downvotes on their videos, and multiple content creators have quit over this as well.
- Another Warhammer 40k YouTube Animator Calls It Quits
- Prolific Warhammer 40k YouTube Animator Shamed Into …
- Boycotts Don’t Work, Do This Instead – Spikey Bits
- YouTubers Have Started Attacking Warhammer TV
Where GW Fan Creativity Ends & IP Infringement Starts
Here’s where fan creativity ends and IP infringement actually starts for Games Workshop, Warhammer plus, and everything in between.
A lot of the information we talk about here was inspired by this amazing article from the Game Industry business site. It is more focused on video games, so while it’s not specifically for Warhammer, the samples are close enough to easily transfer over. In a way, it’s simple when you use copyrighted work, you always have to understand there is an inherent risk. In the real world, however, things are much fuzzier than that!
The main example used in the post is a Kickstarter with guides that can easily be found online or on YouTube channels. Even though the maps were hand-drawn, the creator used Copyrighted images for the covers of the guides.
This is where things get tough because generally companies won’t take down a YouTube video (even though the creators make revenue) but a project, even with the same info, was just a bridge too far…
Where GW Fan Creativity Ends & IP Infringement Starts
A big issue, when it comes to either Warhammer or video games, is the fact that the companies don’t want people confused as to what is a licensed product and what is not. If you or anyone creates something that is close enough or uses copyrighted images, it can be confusing to consumers.
That’s generally when companies step in, well unless it could fall under the realm of fair use which generally does not cover commercial uses, (but does apply to things like news, education, criticism (but sometimes not specifically satire, etc).
According to Google Fair Use is defined as the following:
(in US copyright law) the doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.
Because if people can just use a company’s copyrighted images, the company loses tons of intrinsic and actual value. That seems obvious right? But, that’s just the most obvious point. If you create a one-to-one product, you must know the copyright claim is coming. If you write a book, even if it’s fan-fiction, and you use copyrighted images to market it, you can probably expect a claim on the way.
That’s the easy stuff though, with Warhammer plus and 3d printing on the rise, it gets far more complex.
The Warhammer Plus IP Infringement Conundrum
This is really where things get tough. Let’s look back at the video game side of things. when someone made an Unreal Engine 4-remake of Goldeneye 64, the chances it seeing the light of day were basically zero.
But, how many videos have you seen online about Nintendo games where people dress as Mario, Luigi, etc… Those videos don’t often get taken down. Why? Because it’s not direct competition with Nintendo because they do not have a platform that makes money from videos.
Guess who does have a platform that makes money from Warhammer-focused animations? That’s right, GW does.
While they did hire a lot of animators, there are plenty left out there. GW did update their IP rules to be harsher on YouTubers, they haven’t taken too much action yet. But because they are now in direct competition with animators, that will force more and more copyright claims as they try to corner the market, protect their IP, and provide value to their licensed partners and stockholders.
3D Printing & Games Workshop is Also Very Confusing
Again, the issue with 3D printing is that it directly competes with GW. Like the example above, if someone makes a direct copy of a video game (or close enough), there’s no way the company with the copyright can let it see the light of day.
However, sci-fi and fantasy miniatures have so much more gray areas. How can you say you own futuristic space soldiers? When someone makes a one-to-one copy it’s obvious when they use elements that are specifically copyrighted or a registered trademark in general (what we know as Intellectual property).
But if they do not, how does someone like Games Workshop say it’s too close?
Well, that’s why it’s so confusing. The article from Game Industry had a perfect quote for anyone looking to make something that could be thought of as infringement:
The bottom line is — if you create something that is not entirely original and uses third-party IP rights — without that party’s permission — you need to accept that there is a degree of risk in what you are doing.
Hopefully, this helps clear up where IP infringement actually starts for Games Workshop in regards to things like Warhammer plus, 3d printing, and everything in between.
Here are more articles on the issues that Games Workshop is facing now as their stock has dipped and investors have taken notice:
- Everything You Need To Know About Warhammer Plus
- Games Workshop NDA Leak More Damaging Than Their IP Policy
- YouTubers Have Started Attacking Warhammer TV
- Boycotts Don’t Work, Do This Instead to Games Workshop
- Lookout YouTube, GW Just Updated Their IP Guidelines
- Where GW Fan Creativity Ends & IP Infringement Starts
- News of the GW ‘Fan Revolt’ has Hit Wall Street
Do you think this will stop people from creating more content from the worlds of Warhammer?
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About the Author: Travis Pasch
Travis Pasch
Job Title: Head Writer & Editor
Socials: @paschbass
About Travis Pasch: Travis has been a Warhammer 40k hobbyist since the 1990s, playing the game since Third Edition. Through extensive traveling, he’s seen a lot of the miniatures hobby from across the world, giving him a unique perspective on the latest gaming topics and trends.
Travis’s brother even owns a commission painting studio, where he’s picked up a lot of good advice and techniques for painting Warhammer and tabletop miniatures over the years, as well. Travis joined the Spikey Bits team in 2019 and has been the lead writer since 2020.
Currently, he’s working on converting all his 40k Adeptus Mechanicus models and becoming a true tech enjoyer, complete with both sad and happy robot noises!
