Fangames and Copyright

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oscartoby
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Re: Fangames and Copyright

Postby oscartoby » Fri Jan 31, 2014 7:39 pm

Yeah if Square were that concerned about their music copyright you wouldn't
be able to download it from hundreds of different sites directly for free.

I'm sure you have to legally file for something to be copyrighted in Europe
for it to stand up in court but dont hold me to that.
I don't think meerly saying that you dont want someone to use something
constitutes anything legally.

We need a lawyer to join the forum really. :lol:

dragonnutds
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Re: Fangames and Copyright

Postby dragonnutds » Sat Feb 01, 2014 6:36 pm

just because they are not seeking out peaple to persicute dose not make it magicaly legal, and yes, fan games are technicaly illegal, hence why "super mario bros x" is not around anymore, nintendo sent a desest and dissist.
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Eclectic gaming
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Re: Fangames and Copyright

Postby Eclectic gaming » Sun Feb 02, 2014 6:14 am

Read the first page. Going by what Mike has said, I can't see why there would be any problem.





Mike wrote:A fangame is a video game made by a fan of another video game.

Our official statement about it is that they are completely acceptable. We don't recommend it, but we definitely will not infringe on what we consider freedom of speech.

If you have a problem with it in a particular game, please post about it in this thread instead so it can be discussed.

That being said, stealing art from an indie project or fellow user (whether from this site or not) is not something we will take lightly.

In respect to US law:
Wikipedia wrote:U.S. copyright law does allow for fair use of a copyrighted work by non-copyright-holders according to four tests.
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.


And anyway, he's only using the music from final fantasy, so that probably applies to the third section of the above quote "the amount and substantiality of the portion used in relation to the copyrighted work as a whole" he isn't using graphics or story to make it, he's only using a small amount of the actual content for NON-PROFIT purposes, so according to the quote above, there is no problem as far as I can see. Not to mention it's an indie game made by a small team, which would apply to the fourth section of fair use of copyrighted work.
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Gamerdude
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Re: Fangames and Copyright

Postby Gamerdude » Sun Feb 02, 2014 7:02 am

oscartoby wrote:If you used graphics from another well nown game making program
who specifically state on there site not to use in any other engine.
But again you dont charge and upload for free.
I that breaking copyright?
Would probably annoy them alot but would it be lawfull?

This could probably be illegal. Not to mention a dick move if they specifically say not to use their art in other makers.
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Eclectic gaming
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Re: Fangames and Copyright

Postby Eclectic gaming » Sun Feb 02, 2014 12:18 pm

I didn't even read the engine graphics part :/ but yeah, seeing as they specifically said not to, you probably can't, you could get into a lot of trouble.
Google Eclectic Gaming....I dare you. Or Sharpened Steel, you can google that too. Hehehehe.

eclectic-gaming.weebly.com/


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AnvilHouse
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Re: Fangames and Copyright

Postby AnvilHouse » Sun Feb 02, 2014 4:50 pm

It is illegal but rarely enforced when it comes to non-profit games. It depends on the following, if it would get hugely popular, expect a lawsuit.
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oscartoby
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Re: Fangames and Copyright

Postby oscartoby » Sun Feb 02, 2014 6:10 pm

Ok so my games going to be a farm game in the style of Harvest Moon with a small fighting element maybe. I decided to draw the graphics myself as i'm not a bad artist and I can draw each frame in around a minute. (very impatient when it comes to Drawing)

I'm going to be using ff7 music for this as I suck at making music and by what your saying this doesn't break copyright. Although its not a fangame as it doesn't resemble FF in any way.

Does Mike check for copyright infringement before uploading our games to the site? :)

Thanks for the advice BTW :D

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AnvilHouse
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Re: Fangames and Copyright

Postby AnvilHouse » Sun Feb 02, 2014 6:38 pm

oscartoby wrote:Ok so my games going to be a farm game in the style of Harvest Moon with a small fighting element maybe. I decided to draw the graphics myself as i'm not a bad artist and I can draw each frame in around a minute. (very impatient when it comes to Drawing)

I'm going to be using ff7 music for this as I suck at making music and by what your saying this doesn't break copyright. Although its not a fangame as it doesn't resemble FF in any way.

Does Mike check for copyright infringement before uploading our games to the site? :)

Thanks for the advice BTW :D


The moderator in charge of submissions should be doing that as Mike has his hands full with everything else under the sun. But checking every single game for copyright infringement at the volume games are uploaded would be ludicrous. I don't if many other users have looked for infringing material but the resources are currently loaded with copyrighted content
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dragonnutds
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Re: Fangames and Copyright

Postby dragonnutds » Tue Feb 04, 2014 12:39 pm

oscartoby wrote:I'm going to be using ff7 music for this as I suck at making music and by what your saying this doesn't break copyright.


it IS!


use(Removed link due to games section rules.) instead, all music there is licensed for nonprofit use as long as the composer is credited.


edit: can someone link me to the game section rules? i am not seeing it anywere and i need to find out if it is ok to refere to a game making resource.
Last edited by dragonnutds on Tue Feb 04, 2014 12:54 pm, edited 1 time in total.
Reason: Automatically merged double post.
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Eclectic gaming
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Re: Fangames and Copyright

Postby Eclectic gaming » Tue Feb 04, 2014 4:38 pm

I'm no lawyer, but going by the wikipedia quote he can use it under fair use of copyrighted material.

Yes, FF music is copyrighted. That doesn't immediately mean you can't use it though.
Google Eclectic Gaming....I dare you. Or Sharpened Steel, you can google that too. Hehehehe.

eclectic-gaming.weebly.com/


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