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Vanderbilt Journal of Entertainment & Technology Law

Authors

Mark Mehochko

First Page

831

Abstract

Dungeons and Dragons is a highly popular Tabletop Role-Playing Game designed by Gary Gygax and Dave Arneson in 1973. The game’s emphasis on narrative storytelling makes it an interesting subject for copyright analysis. When a group plays Dungeons and Dragons (D&D) for an audience, using copyrighted materials from Dungeons and Dragons’s publisher, Wizards of the Coast, there is an open question about whether the players infringe on Wizards of the Coast’s exclusive rights under § 106 of the Copyright Act of 1976. This issue is further complicated by Wizards of the Coast’s unique approach to licensing.

This Note examines how Dungeons and Dragons performances implicate Wizards of the Coast’s exclusive rights under the Copyright Act. After establishing that groups playing D&D publicly are likely liable for infringement of the reproduction, derivative work, and public performance rights of Wizards of the Coast, a statutory solution is proposed based on the Ninth Circuit’s holding in Allen v. Academic Games League of America, Inc.

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