Using LEGO in publications: Copyright Issues

[dcg_in_cc]

Good afternoon, I apologize for possibly misposting this topic in the wrong area of the forum, but I know that you all will be able to point me in the right direction, and ultimately give me the answer that I think that I will get, which unfortunately will probably not be the answer that I want.

I've worked in foreign language education for 20 years. One thing that has been sorely lacking is a good accompaniment to foreign language textbooks, that has a compelling story. Ultimately, my intent was to create a story with photos/screenshots of legos, that are used in conjunction with basic foreign language teaching sequencing, to introduce a story, while at the same time introducing foreign language concepts. I have made a short video testing the relative ease at which this can be done, and its appeal, and I have received good feedback on this.

I'm deeply concerned that if I do so, and should this ultimately be slated for publication, that I would wind up with legal issues with Lego. Bear in mind that I do not in any way intend or wish to "break the law," nor violate any user agreement, in a strict legal sense, but I also do *not* wish to damage any goodwill that Lego itself has established with the fan community.

I had considered using my own Legos that I have to do the following:

1. Create photos to be used with the story.

2. Integrate photos into grammar and vocabulary exercises (initially in PDF)

3. Use these (1) and (2) in an academic environment initally as a supplement to language instruction but ultimately as a sole textbook in a class.

Thus, what concerns me is the Intellectual Property that Lego has over what would probably be a derivative of their product (non-parody). My concern is that if my product were distributed for money (either through a textbook company or through my own PDF) or for free, whether this would possibly infringe on Lego, to the extent that they would be able to not only "nix" the product but also "own" what I have created. I did for a while work for a school district that did say that any materials that I made on my own time and used in the classroom, that this district still did have "perpetual, royalty-free, unlimited copyright access to this and all derived works."

I subsequently was also considering using Lego Digital Designer to create and possibly "screen shot" some of the more brick-intense constructions and settings, but I haven't installed and read the EULA of LDD yet.

I apologize in advance if I have missed any stickied posts or major threads discussing this issue, but I haven't seen any that discuss this issue in a cursory glance.

Thank you for your time,

In delving further on the forums, I'm now rather sure that my answer will be a definite, "NO."

I had intended to provide a Dungeons and Dragons style environment, with two characters traveling through a "lord of the rings" style world, but issues would arise that would involve, say, combat with other creatures, slaying dragons, and other complex social issues, and these would seem to be in violation of:

http://www.eurobricks.com/forum/index.php?showtopic=69445

n this announcement, they clearly state what they will not produce; they are as follows-

• Politics and political symbols
  
• Religious references including symbols, buildings, or people
  
• Sex, drugs, or smoking
  
• Alcohol in any present day situation
  
• Swearing
  
• Death, killing, blood, terrorism, or torture
  
• First-person shooter video games
  
• Warfare or war vehicles in any situation post-WWII to present
  
• Racism, bullying, or cruelty to real life animals
  

Now, I do hope that I am wrong, but my derivative product would include, "death and killing." Not in a glorified manner, mind you, but they would exist. Part of one activity was the Role Playing of a Dwarf and an Elf, (and their canonical pessimistic and optimistic attitudes) and how to deal with three goblin prisoners, with the dwarf wanting to exterminate them, and the Elf wanting to free them.

[dcg_in_cc]

One video that I made was the following:

http://www.eurobricks.com/forum/index.php?showtopic=83507

It contains death, blood (red bricks) and cruelty to a real life animal, (the pirates are attacked by and kill a crocodile).

[Paul B Technic]

I may not totally understand the question or I might not be reading this the right way but I don't really understand your question? I have had a look at your video, I don't see any problems?

Basically you are using your own LEGO to make scenes and stories to help people learn another language? What you do with your LEGO is your business. If this was not the case then every time a child make a building or a city scene then LEGO would be asking for money or claiming IP?

The link you posted is to what TLG won't produce, nothing stopping you from making whatever you like. See this page: http://www.brickgun.com/ While TLG might not like it. no way they can stop it (as far as I know)

If I have totally misread this question then please let me know.

[davee123]

I don't know if there are any real issues with what you're planning, as long as it isn't something that might get confused with an official LEGO product (using a LEGO logo would be right out!). The best place to look as an example would probably be the Brick Testament.. I don't recall if the print version has nudity and violence, but the online version certainly does, and I expect the print version does as well. It's not something that LEGO would produce themselves, but I'm pretty sure LEGO hasn't tried to put legal pressure on Brendan for the publication-- his stuff's been selling for years, and LEGO's fully aware of what he's doing.

Anyway, that sounds like a pretty close match to what you're describing.

DaveE

[Bamos]

The use of LEGO bricks in brick filming or publication falls under fair use act some examples are video reviews. However I would put a disclaimer in the credits that you are not affiliated or endorsed by the LEGO group.

The LEGO logo is different in that it cannot be used without written consent.

Bill

[Hey Joe]

You shouldn't have any problems as long as you don't use the word Lego. You could always use clone brand bricks which are mostly totally legal. I say mostly because a few of the clone companies have run into trouble because of their packaging or designs, but not because of the bricks as Lego's patents have expired.

I've been doing EFL work here in China for quite awhile and will be moving back to the US here shortly. Do you have any tips or pointers about how to get work doing this in the States? Is there a web site you can recommend that has some good job leads?

Thanks, Joe

[dr_spock]

Using bricks to tell a story should be fine. You shouldn't use licensed characters. They can limited how far you can take your work if you don't have permission from the license owners. Best to consult your legal or IP department.

[Aanchir]

I don't know if there are any real issues with what you're planning, as long as it isn't something that might get confused with an official LEGO product (using a LEGO logo would be right out!). The best place to look as an example would probably be the Brick Testament.. I don't recall if the print version has nudity and violence, but the online version certainly does, and I expect the print version does as well. It's not something that LEGO would produce themselves, but I'm pretty sure LEGO hasn't tried to put legal pressure on Brendan for the publication-- his stuff's been selling for years, and LEGO's fully aware of what he's doing.

Anyway, that sounds like a pretty close match to what you're describing.

DaveE

Well, there's something of a question here since the Brick Testament could potentially be defended as parody, whereas an original story might not. But I think it does demonstrate something significant: The LEGO Group is fairly lenient when it comes to letting people publish work that uses LEGO as an artistic or narrative medium.

Now, that doesn't mean you get an automatic go-ahead. Why don't you ask TLG directly, through their customer service department's e–mail or through one of the LEGO Community Coordinators like Jan Beyer or Kevin Hinkle, whether you can use photographs of LEGO models in your project? I'm sure that even if they couldn't answer your question directly, they could give you the contact details of somebody with more insight into the matter.

[Ingo Althoefer]

... Why don't you ask TLG directly, through their customer service department's e–mail

or through one of the LEGO Community Coordinators like Jan Beyer or Kevin Hinkle,

whether you can use photographs of LEGO models in your project? ...

Hello, I am not sure if that is the best idea. I remember a case from Germany

(where I live) a few years ago. A man (around 65 years old) had built very

nice stories with figures from Playmobil. He asked Playmobil if it was fine

with them when he made an exhibition with this stuff. Playmobil said "no".

Nevertheless, the man made an exhibition (somewhat idiotic, in my opinion).

Playmobil learned about it and brought him to court. I do not remember what

the judge ruled, but the man complained bitterly in his local newspaper.

So, this is an experience not with Lego, but with another toy producer.

Ingo.

Edited June 15, 2013 by Ingo Althoefer

[dcg_in_cc]

I don't know if there are any real issues with what you're planning, as long as it isn't something that might get confused with an official LEGO product (using a LEGO logo would be right out!). The best place to look as an example would probably be the Brick Testament.. I don't recall if the print version has nudity and violence, but the online version certainly does, and I expect the print version does as well. It's not something that LEGO would produce themselves, but I'm pretty sure LEGO hasn't tried to put legal pressure on Brendan for the publication-- his stuff's been selling for years, and LEGO's fully aware of what he's doing.

Anyway, that sounds like a pretty close match to what you're describing.

DaveE

Thanks, that is very similar to what I had in mind. I see that the Brick Testament is offered for sale, also. My project would be educational, and it's still in the preliminary and exploratory stages, as you can see. I have been leery of expending a large amount of effort only to have it nixed by a corporation, however. Ultimately, I will do as Aanchir has said, after I have a more concrete idea, I will send it to LEGO and see what they have to say...But what concerns me in that regard is a possible snagging of the idea, however unrealistic that concern may be. In this regard, however, I find that pre-emptive permission (or leniency) will be much more productive to seek, than after-the-fact forgiveness.

I did find the incident with the "Rock Band" interesting, and as nobody has mentioned it, I will assume it is Verboten. It does shed different light on my perceptions.

Ultimately, I will be doing something "Educational," and as my intent is to publish not as a hard copy textbook, but rather in PDF format, I *might* be able to avoid general "publishing house" issues of the idea of "profit" or "not for profit." However, I may be limited in terms of actual ability to use this as a primary tool, IF this is not vetted and peer reviewed.

I'm just thinking out loud at this point though. I would like to thank you all for your insight and replies.

[dcg_in_cc]

I've been doing EFL work here in China for quite awhile and will be moving back to the US here shortly. Do you have any tips or pointers about how to get work doing this in the States? Is there a web site you can recommend that has some good job leads?

Thanks, Joe

Ultimately, I would say the most important thing to do is look at your job contract. Some will specificially state that if you make a "teaching tool" and if you use it in the classroom, then you created this "teaching tool" for the purpose of doing your job. Since (according to them) you did this for your job, this was done in the scope of your job, and the employer (district, university, private school) can have, "Unlimited, copyright free, royalty free" access to what you created. It doesn't matter if you did it on your own time, with your own money, at your own house, they will claim that you did it to work for them. Check your contract carefully.

Of course, I'm talking purely from a point of view in the USA, other countrys may, of course, vary.

http://ict-design.org/2011/04/28/do-teachers-have-right-to-their-intellectual-property/

In most teacher’s contracts, in almost every school, they state that anything that is made or created by a teacher during the time of employment becomes the property of said school, school board, or business.

http://srahuff.wordpress.com/2011/09/28/a-teachers-intellectual-property/

About a year ago I gave a short presentation on educational technology to my school board. One of the board members complimented me but then addressed the board, asking how the district could retain these methods and activities. He talked about intellectual property and how the school would be at a loss if I took these things with me if I ever left the district. My only real thought at the time was, “I guess you’ll have to keep me”.

And for a really scary perspective, look at this

http://www.aasa.org/SchoolAdministratorArticle.aspx?id=5528

Employee Works

You may be surprised to know the school district may own the intellectual property of work created by employees. When district staff members create works within the scope of their employment, the work generally belongs to the employer. This is sometimes called the “work for hire doctrine.”

What is considered within the scope? Anything an employee does that contributes to the job for which she or he was hired might be considered within the scope. To state it simply, when a salaried teacher creates items used to teach a class, no matter where or when the faculty member creates them, the items most likely belong to the district.

If a teacher creates something entirely on personal time, with personal resources, that she or he does not use to teach the assigned class, that work probably belongs to the teacher alone. Nevertheless, some school districts add a clause in their employment contracts giving ownership of copyrights (but seldom patents) to their faculty members. Check your teacher contracts to see whether you have given away or share these rights. If already surrendered, discuss with your district’s attorney how you might regain future rights.

[BlueberryWaffles]

I don't know if there are any real issues with what you're planning, as long as it isn't something that might get confused with an official LEGO product (using a LEGO logo would be right out!). The best place to look as an example would probably be the Brick Testament.. I don't recall if the print version has nudity and violence, but the online version certainly does, and I expect the print version does as well. It's not something that LEGO would produce themselves, but I'm pretty sure LEGO hasn't tried to put legal pressure on Brendan for the publication-- his stuff's been selling for years, and LEGO's fully aware of what he's doing.

Anyway, that sounds like a pretty close match to what you're describing.

DaveE

Yeah I have the print version...there's everything in there. Sex, murder, blood..

[pbat]

As long as you won't violate TLGs trademarks, it'll be OK to use LDD to create screenshots for educational and other non-commercial purposes. The EULA from LDD 4.3.6 states:

I. GRANT OF LICENSE:

LEGO and its suppliers and licensors (herein after referred to as LEGO) hereby grant you (the User) a non-exclusive, limited license to use the Software and Documentation for non-commercial purposes subject to the following terms:

You may:

[...]

(iv) use content created through use of the Software for any non-commercial purpose.

[...]

IANAL, but as far as I understand "content created through use of the Software" includes screenshots as well, since you can make screenshots via Ctrl+K directly from LDD and without the need of third party products.

Writing whole books however might be in another league. Have you already had a look at the TLG fair play brochure? Let me quote from page 10:

Time and again, we see our products and

trademarks used in the marketing of totally

unrelated products and services, giving

the impression that the LEGO Group is

somehow involved in or associated with

such business activities or services, with

which we are not actually involved.

When used in these unrelated settings, be

it in printed material or on the internet, the

value of our trademarks may be diminished

and the identities of our company, our

products and our trademarks can lose

their distinctiveness.

The LEGO Group is a construction toy

manufacturer which has kept children

all over the world occupied in creative,

enjoyable play for many decades. As such,

we now enjoy a tremendous amount of

goodwill. Our name and the “red square”

LEGO®logo are instantly identifiable,

and the general public associates any

products bearing our trademarks and

copyrights with the LEGO Group. The

attempts of others to gain a reputation by

associating their unrelated, unauthorized

or unlicensed products with the LEGO

Group may enhance their commercial

prospects, but if used without our

permission, may constitute trademark

or copyright infringement. Therefore, we

emphasize that unrelated third parties

are not permitted to use trademarks or

copyrights of the LEGO Group for their own

commercial or marketing purposes, unless

formal permission or a written license has

been granted by the LEGO Group.

For these same reasons, the LEGO Group

has implemented a general policy against

the use of our name, products and logos

by business associates, e.g. suppliers, in

their own advertising. We allow business

associates to include our company name

on a reference list.

In the past several years, more and more

unrelated books and publications have

been written with a LEGO theme, which

cover a wide range of topics. However,

only books which have been officially

endorsed and/or licensed by the LEGO

Group are allowed to use the LEGO logo,

the 2x4 brick and knob configuration, or

the minifigure anywhere on or in the book

or publication. Official endorsement comes

through a formal agreement with the LEGO

Group.

For additional information regarding the

rules and requirements for unauthorized

books and publications, please inquire

about our Books Policy.

So I guess to be on the safe side you maybe should file an inquiry to get their Books Policy: As far as I know, they send it only on request but have it nowhere online.