I've been thinking about making my first board and have a question.  What are the rules around using images that are copyrighted/trademarked?  For example, is it ok to use an image of Mickey Mouse or some other character as the backdrop of your board?

~ATH

I avoid using images that a player would clearly recognize as something copy-written. -- and when I do "use" a generic image, I make sure that I change every pixel.

On the other hand -- we're pretty small potatoes here.. You're not making any money off of it.  I think the worst case scenario is that the copyright holder might send tom a cease and desist warning, and tom would have to pull the board.  Not likely, but it could happen.. That is one reason why I shied from the Seuss competition.  ..though the real reason is that I'm too busy.

Here is the only thing I see in the help:

Copyrighted material:

It is not Wargear's responsibility to check copyright on any map imagery you submit. If you rip off someone else's design and Wargear is sent a legitimate DMCA take down notice regarding the violation, the map will be removed and your ability to submit additional maps for Review will be suspended.

Legally - I think you have to look at Fair Use (http://en.wikipedia.org/wiki/Fair_use).

I am not a lawyer, but I think in most cases here we are ok.  Probably not a good idea to reimplement exactly an existing copyrighted board game.  From the fair use article, this seems to me the most relevant section:

the degree in which the use may prejudice the sale, or diminish the profits, or supersede the objects, of the original work.

Unless a copyright holder can argue that your map is reducing their profits in some way I think you are in the clear. 

Now, regardless of all that, I doubt Tom is going to fight any legal battles on your behalf, so if he gets a notice, my guess is the board will go down.  I've suggested before that in that situation the best action would be to modify the board image to remove any offending sections, but leave gameplay intact.

AttilaTheHun wrote:

...For example, is it ok to use an image of Mickey Mouse ...

When you have choosen this example, did you think of any player in particular ?

Toto wrote:

AttilaTheHun wrote:

...For example, is it ok to use an image of Mickey Mouse ...

When you have choosen this example, did you think of any player in particular ?

In fact, I was deliberately trying to find an example that would NOT point to any particular player :)

So, from Ozy's comments, it sounds like as long as I keep some common sense on the images and material then it should be ok.

Thx for the input, all.  My plan is to start off with simple board to get the basics of creating then maybe spice it up a bit for the next board.  Hope you might think about helping to test!