November 2007
Games Workshop Fail to Hammer Out a Deal
Games Workshop the maker of the very popular Warhammer tabletop game and Warhammer 40,000 science fiction follow-up have blocked the showing of a film made by German fans in tribute to the game.
The film, Damnatus, took months to film, cost 10,000 euros and runs to 110 minutes. However, Nottingham based Games Workshop have finally vetoed the films release due to copyright concerns. Games Workshop did not oppose the film in principle but they claim that vagaries of German copyright law mean that if Games Workshop sanctioned the film then they would lose control of the Warhammer copyright.
German law confers rights on creators of works that cannot be assigned. If Games Workshop sanctioned the showing of the film then the film-makers would retain rights in aspects of the Warhammer universe, an outcome unacceptable to Games Workshop. The film’s director Haan Vu argues that these retained rights are very minor or even immaterial.
Games Workshop head of legal Andy Jones released a long statement regretfully declining approval of the film. However, it did not set out the concerns of Games Workshop in detail.
Briffa’s Comment
The aspects of German copyright law that are “inalienable” and cannot be assigned are limited to the “moral rights”. These extend to the right to be identified as the creator and the right for the film not to be amended in certain ways.
It is difficult to understand exactly why this project in particular causes legal issues. Derivative fan films and the like, including comics, drawings and books based on famous characters and environments are often produced and assigned to the owners of the primary rights. Many of these activities take place in Germany.
Games Workshop are yet to make public the detailed reasons for the decision. Lovers of the table top game can only hope that these reasons will eventually be forthcoming.
For more information contact Peter Mason