Monster design / illustration copyright?

['Rixx]

Hello! I am a maker of paper minis (Specifically, the Battle! Studio paper minis), and have considered doing themed sets of monster miniatures at some point. I would just like to know - to what degree can I use the Bestiary illustrations as a reference, in regards to what the monsters look like? Could I essentially draw the same character in a different pose, or would I have to use only the design details inferred by the open content flavor text?

[Liz Courts]

'Rixx wrote:

Hello! I am a maker of paper minis (Specifically, the Battle! Studio paper minis), and have considered doing themed sets of monster miniatures at some point. I would just like to know - to what degree can I use the Bestiary illustrations as a reference, in regards to what the monsters look like? Could I essentially draw the same character in a different pose, or would I have to use only the design details inferred by the open content flavor text?

You couldn't use our interpretations of them, you would have to make up your own versions.

['Rixx]

What about monsters that have been given a distinct appearance in Pathfinder, like the melon-headed, red-eyed goblins? Would I be able to make my own goblins following that template, while using otherwise original designs?

[Rezdave]

'Rixx wrote:

What about monsters that have been given a distinct appearance in Pathfinder, like the melon-headed, red-eyed goblins? Would I be able to make my own goblins following that template, while using otherwise original designs?

Short answer ... "No"

According to Copyright Law, you can't copyright an idea but rather you gain your copyright on the expression of an idea.

As mythological creatures, "goblins" are in the Public Domain and thus anyone can create art of a "goblin" or conceive of a creature and call it a "goblin" and no one can copyright the name "goblin".

However, "melon-headed, red-eyed" is a specific expression of the idea of a "goblin", and thus is subject to copyright ... in this case Paizo's specific expression of a "goblin". Similarly, the specific personality traits of Golarion goblins defined by Paizo are similarly protected by copyright, as they are a unique expression of the "idea of goblin".

Simply put, if any reasonable person with general exposure to fantasy art would look at your product and conclude, "Oh, that's a Paizo/Golarion goblin" then you have infringed on their copyright unless you have a license.

When seeking inspiration for your art, you really should try to stick to public-domain sources. Now, if you can find multiple medieval woodblock prints and illuminated manuscripts showing melon-headed, red-eyed goblins then you can argue that such an expression is already in the public domain, but I wouldn't hold my breath.

HTH,

Rez

['Rixx]

It's not exactly a matter of inspiration so much as wanting my products to be as compatible with Pathfinder as possible (not that I planned to do a goblin set, since that's already covered in the official paper minis line).

The reason why I thought it was a gray area is that the text describing the distinct versions of these monsters is OGL much of the time - though I imagine a "Section 15" copyright notice would be necessary if one were to claim the text as inspiration.