Intellectual Property
We want you to know that your intellectual property is protected when you use The Game Crafter.
Who owns the copyright/trademark to my game?
When you upload a game to The Game Crafter, you still retain all rights to the game. We do not assume your copyrights or trademarks. The Game Crafter is not mentioned in your game components unless you put it in there yourself.
Can I sell my game through other retailers, websites, etc.?
Absolutely! You can choose to sell your game, however (and wherever) you like.
What if I want to stop selling my game at TGC?
While we hope you don't ever want to do that, it's very easy to stop selling your game at The Game Crafter. Simply go to the Games page, click the Edit button next to your game, go to the sell tab and then click Unpublish. It's as simple as that. Your game is no longer for sale on our site, except to you.
How do you protect my game from theft?
Seeking out and dealing with copyright, patent, or trademark violations is not something we can help you with. Seek the services of a law firm. However, we don't share the digital components (images and PDFs) of your game with anyone. The only thing we sell is physical copies of your game (if you publish your game for sale), and you are paid a royalty on those sales.
If I use TGC to make prototypes, can I still get my game published elsewhere?
Absolutely. We'll happily make your prototypes for you. Whether you want to sell your game in our shop, through another publisher, by self-publishing, or any combination therein is totally up to you.
Can I make a game/components using copyrighted/trademarked items if I don't intend to sell it to others?
We cannot print games containing copyrighted/trademarked items used without permission, even if they are intended for personal use only.
If you were printing these types of items at home, it would not be an issue. However, because The Game Crafter is a commercial company printing selling the games/components to you, it breaks the non-commercial use clause. We cannot print games or components containing copyrighted/trademarked items used without express written permission, even if they are intended for personal use.
Can I make my own Magic: The Gathering cards, for my own personal use only?
No, you may not make any MTG cards for any reason unless you've received express written permission from Hasbro to do so, and have provided us with a copy of this written permission and contact information so that it can be verified.
Can I make my own custom version of Monopoly?
We checked with our friends over at USAopoly to see if there were any rules about creating custom Monopoly games. They provided us with the legal text from Hasbro that is on the official versions of Monopoly that they make:
"HASBRO and its logo, the MONOPOLY name and logo, the distinctive design of the game board, the four corner squares, the MR. MONOPOLY name and character, as well as each of the distinctive elements of the board and playing pieces, are trademarks of Hasbro for its property trading game and game equipment, © 1935, 2015 Hasbro. All rights reserved."
The understanding is that this legal text covers the Monopoly logo, Monopoly name, Mr. Monopoly images, the 4 corners of the board (GO, Jail, Free Parking and Go To Jail) the color bars above the game board spaces, the chance (question mark) and community chest (treasure chest) symbols.
There are some generic “opoly" games made by a company called Late for The Sky. You can take a peek at the games on their site to see how much they change in their games to avoid copyright infringement. Understand that this information is presented as general guidance but has not been vetted by an attorney. However, we will not print copies of "Opoly" games unless they do not infringe upon any of the areas mentioned above.
Can I make a fan expansion for one of my favorite games?
You cannot use any images (including card back images), characters, logos, or names from the original game unless you have received express written permission from the copyright/trademark holder to do so.
Mike Wokasch offered a great presentation about the legal issues surrounding fan expansions and fan-made games at Crafter Con 2022. You can view it here:
Can I have "The Pokemon Drinking Game" printed here?
No.
I want to make a game of my favorite TV show, movie, book, video game, etc. Can I make that through TGC?
If you don't own the associated copyrights, trademarks, or patents, and you don't have written consent to use those products, including but not limited to images, symbols and mechanics, then you cannot use them in your game. **This is true even if you do not intend to sell your game to others.** If you ignore this warning and create a game containing them anyway, we will delete it. If anyone claims that you are infringing upon their rights, we'll take your game offline until you have proven otherwise. (Please see the video listed under "Can I make a fan expansion for one of my favorite games?")
Can I make a prototype using copyrighted/trademarked items?
Not unless you've contacted the copyright/trademark holder and received express written permission to use those items in your prototype. Please send this permission to our support team before placing your order.
What if I've received permission to use copyrighted items in my game?
In that case, it's a good idea to start by sending an e-mail to info@thegamecrafter.com with a copy of the permission, as well as contact information for the copyright/trademark holder so that the permission can be verified. If you've already placed an order for your game, please include the order number in your e-mail; this will help keep your order from being delayed or canceled.
Can I make a game that contains photos/names/likenesses of my favorite celebrities or athletes?
Not unless you have express written permission to do so, from whoever is legally authorized to grant it. Every person, including actors, musicians and political figures, have a "right of publicity" in many states (including Wisconsin). You may wish to consult an attorney in your area for more information. Click here to learn more from Digital Media Law Project.
Can I make a copy of an old/out-of-print game?
No, not unless you've received express written permission from the copyright/trademark holder(s) to do so.
Can I make a game that contains photos of my favorite toys or products?
No, not unless you've received express written permission from the copyright/trademark holder(s) to do so.
Can I make a game that uses quotes from books/speeches/movies/songs/social media?
No, not unless you've received express written permission from the copyright holder(s) to do so.
Can I make play money that uses actual images of US currency?
No, because our play money is not small (or large) enough to meet the size requirements, and is printed double-sided. For more information about the legal requirements when using images of US currency to create play money, you can visit https://www.moneyfactory.gov/resources/lawsandregulations.html
Can I use government seals in my game?
Official government seals generally cannot be used in a printed product without express written permission from the agency involved. Unless you can provide this permission, you may not use government seals in your game. Using government seals without permission can often result in fines and other legal penalties.
Can I print replacement parts for a game I already own?
Not unless you have received express written permission from the intellectual property holder to do so and provided a copy of this permission to us, along with contact information for the person who granted it.
Can I create a game that contains fan art (ie, a mashup)?
Not unless you have received express written permission from the intellectual property holder(s) to do so and provided a copy of this permission to us, along with contact information for the person who granted it. Fan art is not exempt from IP laws and regulations.
Can I create a game that contains memes that use IP from movies, tv shows, etc.?
Not unless you have received express written permission from the original intellectual property holder(s) (whose IP is included in the memes) to do so and provided a copy of this permission to us, along with contact information for the person who granted it.
Can I create a game that includes logos from my favorite sports teams?
Not unless you have received express written permission from the intellectual property holder(s) to do so and provided a copy of this permission to us, along with contact information for the person who granted it.
Can I have a print-and-play game printed here?
Only if the publisher/original intellectual property holder has granted express permission to have the game produced through a commercial printer such as TGC. (Not all companies allow this.)