Is this copyright infringement?

[Naruzeldamaster]

In one of my stories I have an alcoholic drink made from Mana cows which are known for the incredibly mana potent milk they produce, said milk gets even more potent when fermented, and alcoholic (Stronger than most Whiskeys) which is more alcoholic the longer it ferments. it's called Chateau

In The Legend of Zelda: Specifically Majora's Mask, there is an item called Chateau Romani, for anyone other than the protagonist, it is hinted to be alcoholic, but for the protagonist, one drink of it completely fills your magic meter for the duration of the 3 Day cycle.

The reference is obvious enough, but I never intended my version to be copyright infringement in any way.

 

[A. E. Lowan]

Not a lawyer, but I think you hit enough unique points - the milk, the name, and mostly the fermentation - together that I would change it. There isn't any good reason to poke that tiger, and Nintendo doesn't have a sense of humor that they're aware of.

In one of my stories I have an alcoholic drink made from Mana cows which are known for the incredibly mana potent milk they produce, said milk gets even more potent when fermented, and alcoholic (Stronger than most Whiskeys) which is more alcoholic the longer it ferments. it's called Chateau

In The Legend of Zelda: Specifically Majora's Mask, there is an item called Chateau Romani, for anyone other than the protagonist, it is hinted to be alcoholic, but for the protagonist, one drink of it completely fills your magic meter for the duration of the 3 Day cycle.

The reference is obvious enough, but I never intended my version to be copyright infringement in any way.

Also, look up Alcohol Poisoning.

 

[pmmg]

Chateau just means a wine produced by a specific winery, its been used for alcohol for like forever. I dont think anyone owns the word.

 

[A. E. Lowan]

Chateau just means a wine produced by a specific winery, its been used for alcohol for like forever. I dont think anyone owns the word.

No. Of course not. "Cockygate" and those whole copyright shenanigans have proven that single words really can't be. But, and like I said I'm not a lawyer but I have been in this business for a long time, and the combination of the three words immediately conjures images of Majora's Mask. At least for anyone who plays it or who follows the gaming industry. It's based on the legal idea that using the kernel, or the heart of a song or a story isn't kosher. Games count as stories, and Zelda counts as music, as well. Does that make sense?

 

[Naruzeldamaster]

Not a lawyer, but I think you hit enough unique points - the milk, the name, and mostly the fermentation - together that I would change it. There isn't any good reason to poke that tiger, and Nintendo doesn't have a sense of humor that they're aware of.



Also, look up Alcohol Poisoning.

To be honest I wasn't 'dead set' on naming it Chateau long term, it's mostly just a filler name until I think of something original. The book is still in it's planning phase and I've only got one chapter of it under my belt.

I could probably stand to change the animal that the milk comes from, and maybe nix the fact that it gets more alcoholic the longer it ferments.

I still want the idea to be an obvious reference, but I want it to be more original. Particularly to avoid poking the bear. I want Daddy Nintendo to go 'oh , neat' when they read it and not 'mods get em' when they read it lol

 

[Prince of Spires]

Chateau just means a wine produced by a specific winery, its been used for alcohol for like forever. I dont think anyone owns the word.

Technically, Chateau is just the French word for castle. It evolved to include country estates / manors. When used in conjuction with wine, it's used to refer to a wine bottled at a (French) castle / country estate.

Since it's a legally protected term when used on wine labels in the EU, I would say, go for it (as in, you can't claim a wine is a chateau wine if it's not bottled on the estate). If Nintendo tried to claim copyright on the term "Chateau Something" when it refers to alcoholic beverages, they'd actually be poking the bear that's the French Wine industry, backed by the legal department of the EU. That's not a gamble I'd be willing to take if I were Nintendo...

 

[Naruzeldamaster]

Technically, Chateau is just the French word for castle. It evolved to include country estates / manors. When used in conjuction with wine, it's used to refer to a wine bottled at a (French) castle / country estate.

Since it's a legally protected term when used on wine labels in the EU, I would say, go for it (as in, you can't claim a wine is a chateau wine if it's not bottled on the estate). If Nintendo tried to claim copyright on the term "Chateau Something" when it refers to alcoholic beverages, they'd actually be poking the bear that's the French Wine industry, backed by the legal department of the EU. That's not a gamble I'd be willing to take if I were Nintendo...

This whole angle is what lead me to ask the question to begin with.
Colum A: It's close enough to the Nintendo thingy to actually anger Nintendo if they discover it and bother to care enough.
Colum B: Simply calling it Chateau while making it an obvious reference to zelda but also not being the actual item (It's effects are completely different aside from the whole making you drunk part) that making the animal something else might be enough that the court would be like 'no, Nintendo, you don't own that concept, you own the exact concept from your exact game with that exact execution, but this is different enough to absolutely count as a homage, possibly out of respect. You also don't own the word Chateau either, shall we contact EU's wine industry for that?'

Nintendo for example is really trying to ruin Pal World (for obvious reasons) but the court has seen no issue with Pal World, no matter how Nintendo 'attacks' it.

 

[A. E. Lowan]

Okay, a little perspective before anyone gets tempted to go all in and tempt large international corporations to take offense. This is also known as "fuck around and find out." Right or wrong, good or bad, win or lose, lawyers are expensive and the caliber of lawyer who can take on Nintendo costs even more. Pal World can take them on because they have funds from various sources who are also interested in taking Nintendo on. For the rest of us - and writing isn't exactly a lucrative path for the vast majority of authors - we keep appraised of the ins and outs of our industry and keep our noses clean. It's how I know that, as an Urban Fantasy author, my characters drink Coke and love Star Wars and one guy looks like a genial David Bowie. I know how to do this without getting sued, which is a good thing because it wouldn't take but a puff of butt gas out of the size of the budgets corporations devote to their legal departments to pound me into the ground like a fence post.

TLDR: If you can't afford to tickle the dragon, maybe try something else, if you must try anything at all. Like tickling a baby sloth.

 

[Prince of Spires]

In general I very much agree with A. E. Lowan . It's one thing to know you have the law on your side, but actually ending up in court against a much richer opponent and getting that confirmed are 2 very different things. And one you generally can't afford.

However, in this instance, like I mentioned, calling an alcoholic beverage Chateau Something is like having a character drink Coke. It's a generic term that existed before Nintendo was even dreamed of. Chances of getting in trouble over it with Nintendo are slim, unless you're actually writing a Zelda spin-off and publishing that for profit. Otherwise, I doubt many people would even see it as a reference to Zelda.

 

[Demesnedenoir]

I wouldn’t fear the word Chateau, but whether or not other stuff gets too close I wouldn’t know. Odds on you’ll never make their radar anyhow.

That said, all things become more alcoholic the longer you ferment them, upto a point of course. Yeast only survives to a certain point before you need to distill. And no sugar the yeast dies. I’m uncertain of what mechanic you’d be looking at.

 

[Mad Swede]

Let me put it this way. Your concept for an alcoholic drink made from Mana cows is too similar to the way Chateau Romani is produced. Even I recognise the likeness, and I don't play the Zelda games. Calling your drink chateau just makes things even more obvious.

You need to take a step back and think your various ideas and concepts through in much more detail. Right now they're just a bit too derivative for my liking, and it it risks getting you into trouble if you publish the stories.

 

[pmmg]

I will second Mad Swede. The easy way to avoid the whole thing is just find another idea. Why do you want to be so close to Zelda anyway?

 

[Naruzeldamaster]

I will second Mad Swede. The easy way to avoid the whole thing is just find another idea. Why do you want to be so close to Zelda anyway?

The intention was to make it a Homage at worst, rather than directly copying the idea. That was why I asked if it was copyright infringement to begin with.

Changing the name and the animal it comes from might be a solid enough start, and maybe having it not actually be alcoholic (in a literal sense) at all but have it be mana poisoning. Which, depending on how much mana your body can handle, probably causes you to behave like a drunk.