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.
This very visual update to their IP policy has (in some ways unfairly) led to a lot of negative feedback against Games Workshop, from calls of a boycott to 3:1 downvotes on their videos, and multiple content creators have quit over this as well.
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 the IP infringement is almost too confusing for Games Workshop content creators to understand?
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About the Author: Rob Baer
Rob Baer
Job Title: Managing Editor
Founded Spikey Bits in 2009
Socials: Rob Baer on Facebook and @catdaddymbg on X
About Rob Baer: Founder, Publisher, & Managing Editor of Spikey Bits, the leading tabletop gaming news website focused on the hobby side of wargaming and miniatures.
Rob also co-founded and currently hosts the Long War Podcast, which has over 350 episodes and focuses on tabletop miniatures gaming, specializing in Warhammer 40k. and spent six years writing for Bell of Lost Souls.
Every year, along with his co-hosts, he helps host the Long War 40k Doubles Tournament at Adepticon and the Long War 40k Doubles at Las Vegas Open, which attracts over 350 players from around the world.
Rob has won many Warhammer 40k Tournaments over the years, including multiple first-place finishes in Warhammer 40k Grand Tournaments over the years and even winning 1st place at the Adepticon 40k Team Tournament.
With over 30 years of experience in retail and distribution, Rob knows all the products and exactly which ones are the best. As a member of GAMA (Game Manufacturers Association), he advocates for gaming stores and manufacturers in these difficult times, always looking for the next big thing to feature for the miniatures hobby, helping everyone to provide the value consumers want.
While he’s played every edition of Warhammer 40k and Warhammer Fantasy (since 5th Edition) and has been hobbying on miniatures since the 1980s, Titans of all sizes will always be his favorite! It’s even rumored that his hobby vault rivals the Solemnance Galleries, containing rulebooks filled with lore from editions long past, ancient packs of black-bordered Magic Cards, and models made of both pewter and resin.
