Using ProFantasy Software for A Commercial Board Game Project

Hi! I'm working on a new table top rpg game. It's not related to DnD. I'm creating a new product with an original story/plot and different game mechanics. I already created the rule book with story introduction and submitted it to the US copyright office. I've also registerd the domain name but have it just sitting right now, until everything is ready.

My first concern: I'm creating the graphics for the game board using CC3+. I really like the fact I can easily use CC3+ to create hex based maps. From reading the faq about using the software for commercial purposes I'm assuming it's okay for me to create the main board for the game using CC3+. However, do I need written permission from ProFantasy to use a map I created using CC3+ in my commercial product? I'm not using any Dungeon symbols on the map. The board is planned to be an overland map created using CC3+.

My second concern: I also purchased the Character Artist 3 and want to use that tool to create avatar graphics for game pieces. The physical player pieces would have graphics applied to them. Below is an example of a player avatar I created using Character Artist 3. The plan is to use a machine to apply the graphics to either a wood or plastic game piece. The game pieces would either be engraved with the lines making up the character shown below into an outline of the character OR the character shown below would be printed out on a durable physical medium and applied to the game piece with adhesive.


Would that be something I can do without getting in legal trouble or infringing on ProFantasy's copyright? Would I need permission to do this with characters I created using Character Artist 3?

In addition do I need to include anywhere that Profantasy Software was used in the creation of the product?

I figured I'd ask this on the forums so other people can look it up in the future whether I'm told yea or nay by ProFantasy.


Thanks for your time ProFantasy! I really love your tools 😁

Below is a link to an article put out by a real law firm that may be helpful to board game developers. I found it helpful as there is a lot of misinformation on the internet about how board game developers can protect their product.


Comments

  • MonsenMonsen Administrator 🖼️ 46 images Cartographer
    edited June 2023

    My immediate thoughts are that this seems fine and within what the license cover. However, I cannot provide official answer, nor give any kind of permission.

    The best approach is to ask ProFantasy directly. That will give you an official answer, and if needed, the required permission.

    Loopysueroflo1mike robel
  • According to the license:


    (i) Subject to the restrictions in section ii and iii, you may freely distribute the maps you create using OUR ARTWORK in CC3 format, but not the source image files (PNG and bitmap artwork) associated with them, and you may freely distribute flat files (for example BMP and PNG) exported from CC3 or third-party applications containing OUR ARTWORK. You may publish such maps for commercial gain.

    (ii) You may not redistribute any map that in our sole opinion is, or appears to be, for the purpose of disseminating OUR ARTWORK. Think of your maps as documents, and our symbols as fonts. You can print a document containing Times New Roman font, but you can't give the font file away, or produce a "font book".

    (iii) You may not produce commercial products which consist predominantly of floorplan-resolution exports of OUR ARTWORK without written permission from ProFantasy Software Ltd. This includes but is not limited to PDF dungeon tiles.

    roflo1mike robel
  • Yeah it's the third paragraph that has me thinking I may need to get permission from them.

    "(iii) You may not produce commercial products which consist predominantly of floorplan-resolution exports of OUR ARTWORK without written permission from ProFantasy Software Ltd. This includes but is not limited to PDF dungeon tiles."

    Thanks Monsen, I did send them an email.

    JimPmike robel
  • I suppose it is good you emailed them. However, I cannot see an issue. The terms are basically don't try to resell their work. However, you can use their artwork to make your own. The third section is worded weird. Given the preceding statements, it seems as though it again just means don't sell their art but if you create your own floorplan using their art that seems fine.

    On the other hand, if they do mean that you essentially cannot sell any floorplans without their permission, then I think many people have probably violated that.

  • LoopysueLoopysue ProFantasy 🖼️ 39 images Cartographer

    That's the paragraph that gets most contact questions. I asked that one myself a while back before I became an employee. It's the bit of the EULA that really is down to the discretion of the owner of the rights, and which can't be answered by anyone else - not even me.

    mike robel
  • I had similar questions which I emailed directly to Profantasy. The response was both quick and extremely helpful.

    In my case I wanted clarification of how I could use jpg exports in virtual tabletops. The main map(s) were fine; despite being 'floorplans', they're clearly maps and not an issue. The issue I had was with GM only information. How could I show traps and such without breaking the EULA? Let's face it, the easiest thing to do for personal use is just import the png symbol into your VTT of choice and use it as a token or whatever. Clearly that is in breach of the EULA for commercial purposes as you're selling a symbol, a piece of PFs artwork.

    In the end, PF was happy with my proposed solution (I sent them samples so they could see exactly what I intended and how it would work) and I just had to include an attribution to Profantasy, I don't recall the exact wording but it was very simple and absolutely no trouble.

    JimP
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