Ultimately, this is a fan project and all work created for the project is derivative work of Games Workshop’s intellectual property. All participation in the project is voluntary without any legal contract or compensation. As a result, no one other than Games Workshop Ltd can claim any level of ownership beyond that of the work’s creator.
For simplicity, those members that are withdrawing from the Brotherhood of the Lost project and who are pursuing a separate project together are referred to below as “separatists” and their project as the “separatist project.”
Since all aspects of participation in and contribution to the project are voluntary, members are free to withdraw at any time. They are free, too, to withdraw content that is wholly theirs from the project. There are some caveats to this.
As a general rule, the only content that members may truly claim as their own (i.e., “wholly theirs”) is that content integral to any faction they may have created. This includes the faction’s name, imagery, characters, places, units, and materiel (such as ships, special weapons, etc.) if the member was the originator of those concepts. Background information for the faction that isn’t integral to the scenario of the Brotherhood of the Lost setting may also be claimed by the member.
Any commissioned art, model conversions, or painted models created using funds collected via the Brotherhood of the Lost Patreon may not be used by members that are withdrawing from the project. If such commissioned art, model conversions, or painted models are for material that is otherwise withdrawn, the Brotherhood of the Lost project may not use it, either.
Content basic to the setting of the Brotherhood of the Lost, as well as content developed collectively by the participating members, remains part of the Brotherhood of the Lost project.
Fair expectation 1: The Brotherhood of the Lost project may “file off the serial numbers” of withdrawn content, making a reasonable effort to replace the withdrawn content with similar, but distinct content. This means that names must be changed, distinctive imagery elements must be changed, and minor background elements (that are not integral to the Brotherhood of the Lost setting) must be changed, but the Brotherhood of the Lost may retain basic concepts for replacement content.
Fair expectation 2: Those withdrawing their content from the Brotherhood of the Lost project must remove those content elements that are integral to the Brotherhood of the Lost setting (and which are not integral to the basic concepts of the official setting).
Some Brotherhood of the Lost factions were originally developed by participants who later disappeared, and those factions have been assigned to other participants as stewards. Those factions will be treated like all the others – they will remain part of the Brotherhood of the Lost project unless their original creators declare the withdrawal of their content from the project. If those factions are withdrawn from the project, they will be treated as off limits to everyone unless they are explicitly given to the separatist project.
Fair expectation 3: The separatist project may “file off the serial numbers” of content that remains with the Brotherhood of the Lost project or which was withdrawn from the project but not given to the separatist project, making a reasonable effort to replace the withdrawn content with similar, but distinct content. This means that names must be changed, distinctive imagery elements must be changed, and minor background elements (that are integral to the Brotherhood of the Lost setting) must be changed, but the separatist project may retain basic concepts for replacement content.
Any Brotherhood of the Lost “published” content (as of today) that includes withdrawn content must be revised to remove/replace that content. A reasonable time to complete these revisions is six months from today – 16 July, 2020. Any future Brotherhood of the Lost “published” content, including any that is currently in development, may not include withdrawn material.
Further, it is expected that there will be no inappropriate conduct here at the B&C as a result of this schism. This includes not inserting barbs about each other in content, making comments in posts, etc. This is a very unfortunate situation, but it should be considered a matter of different world views that result in unreconcilable creative differences. Any petty sniping here at the B&C will be handled with extreme prejudice.
Despite this topic serving as an initial declaration of withdrawal from the project, each member withdrawing from the project will have to post their own withdrawal as a reply to this topic. This will serve as their official declaration of withdrawal as well as their understanding of the way forward as described above (and as may be subsequently clarified/expanded upon in this discussion). In addition, withdrawing members will have to identify the content that they are claiming as their own. Withdrawals should use the following format:
I, (member name), hereby withdraw from further participation in the Brotherhood of the Lost project. Based on the criteria identified above, I withdraw the following content that I claim as my own from the Brotherhood of the Lost project: [link]Faction name[/link] (be sure to use the proper url, topic, or post BBCodes in place of “link”) [link]additional[/link] [link]additional[/link] I understand and will adhere to the restrictions identified above.In all cases where a member is withdrawing from the Brotherhood of the Lost project but the withdrawing member is not a member of the separatist project, the withdrawing member may grant their content to the separatist project via a statement along the lines of:
I grant my content to (the separatist project/member name).All members not withdrawing must also reply indicating that they are not withdrawing and that they understand and will comply with the requirements we've provided. It should be something along the lines of:
I, (member name), am remaining with the Brotherhood of the Lost project. I understand and will adhere to the restrictions identified above.In cases where the original developers of content disappeared from the project and the content was picked up by someone else, any attempts to contact the original developer should remain objective and should include simison (as the Brotherhood of the Lost project leader) and the current member developing the content, as well as myself as neutral arbiter. I will initiate all such contact (mostly because I know how to make the BBCodes work.
You were the original developer of the (faction) as part of the Brotherhood of the Lost project. When you left the project, that faction was assigned to (member) for continued development. The Brotherhood of the Lost project has come to a crossroads and, due to creative differences, a number of participants, including (member) are withdrawing from the project to pursue their own project. We are contacting you to determine where you content will go. The decision is entirely up to you. [list=1][*]You may leave your content with the Brotherhood of the Lost project.[/*][*]You may give your content to the separatist project, in which case (member) will become the new “owner.”[/*][*]You may withdraw your content from the Brotherhood of the Lost project and deny its use by the separatist project.[/*][*]You may determine some other outcome for your content (please describe that outcome if you choose this option.[/*][/list] Thank you for your time and prompt response.In all such cases, the default assumption until any response is provided is that the content will remain with the Brotherhood of the Lost project. If a member doesn’t respond within 1 month, we will switch to email contact. In those cases, all emails except for mine will be blind carbon copied (BCC) in order to protect privacy. To maintain transparency, I’ll provide updates/responses here.
You are encouraged to agree on outcomes other than the guidance above provides. The guidance above is provided only for those cases where the two parties are unable to arrive at an amicable agreement.
Note that, as stated previously, participation in the project is voluntary and members that choose to remain with the project may later withdraw, in which case they will be subject to the restrictions provided above.
If there are any disputes about content (including content claimed in withdrawal posts) and those disputes cannot be resolved amicably between the withdrawing member(s) and the remaining Brotherhood of the Lost project participants, the Bolter & Chainsword administrators will serve as neutral arbiters. Any unresolved dispute should be raised here as a separate topic (include “Dispute” as the first word of the topic title for quick recognition, then report the topic so that the administrators can be notified quickly). Both sides will be allowed to present their arguments and supporting evidence. The B&C administrators will deliberate and provide an arbitrated resolution.
Edited by Brother Tyler, 18 January 2020 - 12:56 PM.
Amended to cover content passed to "stewards" and agreements between the two projects