I am thinking about making a small arcade like game that uses the 40k setting. Maybe a simple vertical shooter or something... The game will be for free. My question is if GW or anyone else will force me to stop, since fan movies are forbidden aswell.

And would it be problematical if I would use the RT/DH combat rules for a turn based simulation?

Thx!

Yes using GW IP for a game will be problematical, as will using DH/RT rules since FFG are licencees to GW.

However, agents of a government anti-witch agency called an inquisition or a group of explorers on the edge of a space empire are not copywritable ideas. They can not stop you from using the notion of a inquisitor serving an emperor in space to fight demons, but you cant use imagery, names, specific ideas without consent of the IP holder.

So no rosetta symbols, aquilas, 40K specific looking weapons, armour, ships, monsters, but still could do something similar enough that everyone knows but they cant do anything about it, look at the original mutant chronicles game.

Basic guideline: If someone else wrote it, it's not yours. If it's not yours, you can't use it without permission.

Using someone else's work product without their permission is theft.

All you need to violate copyright is a litigious copyright holder. That being said, there are lots of Warhammer 40K mods for various PC games, and many mods for Warhammer 40K PC games. As long as you're not selling, it GW will probably overlook it. It wouldn't be the first fan produced game based on their IP to start with. The issue with fanfilms such as Damnatus was related to a clause on German law covering film production and copyright. As far as I know no similar law in any country applies to computer games.

The laws also depends on what country you live in. Your best bet is moving to some odd little country that doesn't like britain. Are there any former brittish colonies that broke free by a revolution? If so, that is probably a good place to be :-)

Seriously, GW is very good at protecting their copyrights. But fanfiction, and noncommercial houserules to their games are very popular to make. Ask yourself:
1: Will GW stand to increase sales from this?
2: Will I make money because of GWs great job?

If you answer 1: yeah, probably 2: no, not ever Then you should be fine.

Peacekeeper_b said:

Note, aquilas would be perfectly acceptable, since GW doesn't hold exclusive rights to portray aquilas in any form of IP. The Aquila is an historical symbol of the roman empires and they were also used by the third reich. If anyone would try crying "copycat!" for the usage of aquilas one could easily explain that the inspiration came from roman or nazi imagery, and not from any of Games Workshops products.

Or even the double headed aquila...

http://en.wikipedia.org/wiki/Coat_of_arms_of_Austria

actually most copyright rules, state that if you do not make any money on it, you are free to do what you want...

but you cannot earn money on someone elses' copyright ideas...

hence the reason most game mods are never shut down..

duckforceone said:

That's not 100% accurate, you can't reproduce someone else's intellectual property for anything other than your own private use. Under your definition giving music away for free would be legal which it's not. That being said I think mods are protected under fair use, as are fan films and fan fiction and such. The only reason these things shut down is because you don't need to be right to sue someone, and they cave to the pressure of a big corporations lawyers.

gathrawny said:

Not so much as cave into the pressure, but cave in due to the financial realities of the law: in order to adequately defend your self in such a suit, you'd have to hire a lawer... and they DO NOT work cheap. It's all a matter of who has more money to burn.

Note I am not a lawyer, and I'm certain not your lawyer. The simple answer is certainly no. But you could do something like it. You just need to stay very very far away from 40k that is TRADEMARKED or only found in 40k. Orks no, but Space Orcs sure. Eldar no, but space elves sure. Genestealers no, but horribly looking aliens that want to eat/control us yes. (The difference between Genestealers and the Aliens from the movie Alien(s) isn't that big.) Necrons no, but skeleton style robots sure. (Again Terminator vs Necrons...)

PS- The thing to remember is that anyone can sue you for any reason. Avoid using anything trademarked. Most companies will come after as they really have to to defend their trademarks. Be aware that GW is really bad about suing it's fan base. Sure you see lots of star war fan stuff and to a degree it's encouraged as long as there isn't money changing hands, and there are trademark statements. (Last I checked Lucas was handing out yearly awards for best fan film....) It's sad as there is a lot of fans who could be pouring resources into growing, and sustaining the 40k product lines if GW would let them.