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Author Topic: About Using Stuff You Didn't Make Yourself  (Read 44732 times)
Miss Paula


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« Reply #120 on: February 18, 2009, 01:25:45 »

Notice: This is the first post in a sticky topic, and will repeat on every page.
With a lot of help from Bloxmaster, this topic was summarised and ported over from the old forum.

The admins' standpoint on this is the following:
Using copyrighted material, including music and graphics or even characters, is not legal, as per United States laws. (These laws MUST be followed by the forum, as the server is in the USA), so in order to protect everyone, such things will be removed.

Quote from: LPChip
I certainly will delete levels where I find out that they use illegal material. Not to bully you, but to protect this forum and you. If indeed a company goes in pursuit to track you down, itís my obligation to help them in any way, which results in giving out your IP address. With that, they can contact your ISP, and through them, they'll get your name and address (or that of your parents or whoever pays the internet access at that moment). Eventually they'll reach you and you'll have to pay a big fine for infringement. I just don't want it to go that far, and I therefore will prevent any effort where possible.
When it comes to our notice that copyrighted material has been used, the user will be asked if they have permission.
Quote from: LPChip
If the person wants to lie to us, then it means they know that they are breaking copyright concerns, and it will be entirely up to them to cope with the problems. I don't want to be a bully, but I want to protect people from getting harmed. If they don't want the protection (by lying) then they're on their own.


However, the generally valuable idea that the creators should be able to have control over what they create has severe flaws, and it seems the 'fine line' and 'how punishable infringement is' seem to vary. The following quotes basically are included for their food-for-thought-value. Nifflas' personal point of view on this matter:
Quote from: Nifflas
Yeah, but it still takes a human with neither a heart nor brain to attempt to sue those children. In this case, I still give the industry the entire blame. Timberland steals music from Tempest to produce a song for Nelly Furtado without consequences, but a 12-year girl gets sued for file sharing. The record industry has too much money and power, and lawyers enough to attack anyone they want to, and defend themselves from almost anything.

But, on the other hand, LPChip has a point:
Quote
....it would be non-human to just abuse someone's music without having permission. How would you feel if you spend 2 months to work on something and you're proud of? Then you learn that someone used what you made in a crappy movie or level or whatever without even asking you? I certainly would be really pissed.

So, to sum this up:
Think honestly about these questions before using anything you didn't make yourself or already got the permission to use.
  • Can I get the required permission to use the material legally?
  • What's the risk of anyone taking legal actions?
  • Could I afford the consequences?
  • Would the author like this?
  • Is this really 'fair use'?
  • Is it right to use this material? (from a moral point of view, which is not always identical to the law:
    Quote from: Nifflas
    In my opinion it's a lot more wrong to use the material of small unknown artists than big successful ones.
If you're still not sure, feel free to ask. :)
« Last Edit: February 27, 2010, 12:02:10 by Miss Paula » Logged

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LPChip
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« Reply #121 on: February 18, 2014, 18:49:59 »

Well, unfortunately this threshold is not by us to decide. It is by Nintendo. But lets say that 100 levels are made with mario, and that each has 100 hits. Those are 100000 hits.

But the problem starts when search engines start to give this priority, something that will happen eventually, especially when demand gets higher due to more levels featuring Mario.

Basically, if I say yes to this, everyone will think its okay and don't even ask. My job is to point out the risks, even if they are little.

So is it safe? This one instance if done properly, yeah, probably. But am I 100% sure of that? No. Can I be? No. I am not the CEO of Nintendo.
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Salmoneous


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« Reply #122 on: February 19, 2014, 00:20:23 »

Well, unfortunately this threshold is not by us to decide. It is by Nintendo. But lets say that 100 levels are made with mario, and that each has 100 hits. Those are 100000 hits.

100x100=10000  :P2

Also I saw some news on a free ios game called floppy bird or flappy bird that got super-popular and it was using certain mario graphics like the green pipes. But Nintendo didn't respond to that so either they're chill with it or they don't have a case with it or they'll lose on it. And that floppy bird game is like millions times bigger than a ks level. If you've studied law what's that about? Shouldn't Nintendo take action?
« Last Edit: February 19, 2014, 00:22:54 by Salmoneous » Logged

sergiocornaga
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« Reply #123 on: February 19, 2014, 03:47:19 »

Also I saw some news on a free ios game called floppy bird or flappy bird that got super-popular and it was using certain mario graphics like the green pipes. But Nintendo didn't respond to that so either they're chill with it or they don't have a case with it or they'll lose on it. And that floppy bird game is like millions times bigger than a ks level. If you've studied law what's that about? Shouldn't Nintendo take action?

Flappy Bird didn't use any directly ripped graphics, just pipes that are green and vaguely resemble those seen in Mario. A Nintendo representative has more or less stated they have no issue with this.
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GrayFace


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« Reply #124 on: February 19, 2014, 18:41:47 »

Exactly. The problem with Mario is that it's trademarked and so it's not just an element resembling an element from Nintendo game, it's a thing in its own.
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LPChip
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« Reply #125 on: February 19, 2014, 18:51:39 »

Actually there is high speculation that Nintendo did nicely asked him to put the game off the market or else.

He then suddenly took the game from the market becaues he felt it was too addictive. Then all kinds of clones pop up and they are banned from both iTunes store and Google Play. If you ask me, this has Nintendo written all over it.
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« Reply #126 on: February 26, 2014, 01:35:32 »

 I should've said thanks like 2 weeks ago, so thanks.
 Also the reason why I ask the question about derivative works was because back then I heard about Knytt stories , my first thoughts was for a first level is to have Juni exploring the Planet Zebes from the video game Super Metroid on the SNES. However because of my lack of knowledge of Level editing and that I was using v1.0.4. I never went any farther from there. Now that I have a lot more knowledge than back then and that I was using a different version of Knytt stories. I now want to accomplish what I started with. Now from what I read of the uses of created derivative art including enemies and the planets environment. So I guess it's best to keep it to myself. 

Finally what's the link to Knyttroid? I couldn't find any sources asides from a .jpg image.
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sergiocornaga
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« Reply #127 on: February 26, 2014, 03:19:09 »

Finally what's the link to Knyttroid? I couldn't find any sources asides from a .jpg image.

It's from this page, I don't recall the tilesets ever being released.
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Kira


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« Reply #128 on: September 21, 2014, 14:49:33 »

Just one simple question, we can use music from free music archive isn't it ?
http://freemusicarchive.org/
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LPChip
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« Reply #129 on: September 21, 2014, 18:15:35 »

Just one simple question, we can use music from free music archive isn't it ?
http://freemusicarchive.org/

As stated in the FAQ on freemusicarchive.org it depends on the license given with each song. So is it allowed? possibly. Make sure by checking the license assigned to each song. Some songs will have different requirements for them to use than others, and some may not be used in your project at all.
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Kira


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« Reply #130 on: November 09, 2014, 10:15:40 »

Excuse me if this question has already been asked.
Can I use music that is a free remix of copyrighted music?

For example can I use this remix of music by David Whittaker (a composer of video game music of the 80s) if the remixer is OK?
https://www.youtube.com/watch?v=IEWr5Rxs_HE

Kira
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« Reply #131 on: November 09, 2014, 11:16:11 »

Excuse me if this question has already been asked.
Can I use music that is a free remix of copyrighted music?

For example can I use this remix of music by David Whittaker (a composer of video game music of the 80s) if the remixer is OK?
https://www.youtube.com/watch?v=IEWr5Rxs_HE

Kira

Technically, I think the remix itself is legally questionable in the first place. You would have to seek permission from the copyright holder of the original song (which may or may not be David Whittaker) to be completely in the clear.
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LPChip
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« Reply #132 on: November 09, 2014, 21:49:39 »

Given that I'm very active in the C64 remix scene, and I know many of the sceners as well as the legends, I can answer this. For C64 music to be allowed to be remixed, you have to look for if the original song for the game has copyrighted material in it. Some songs on the C64 are based on original work, and as such cannot be used obviously, where others are just simple compositions or more advanced. The C64 music has been declared public because the C64 itself doesn't exist anymore, and all programmers who made music for it have agreed that they're rather honoured by remixes than want to persue any legal actions.

So that means the remix from AliensVsCoronationSt is valid.

Now comes the part, can you use it? Ask the remixer. If he's okay, and proper credit is given to both the remixer and the original author (its only fair to do that) then you're all set. The credit would look like: Music: AliensVsCoronationSt, based on C64 music by David Wittaker.
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