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-   -   Let's Learn Law! #1 - Copyright AGAIN (http://hamumu.com/forum/showthread.php?t=21214)

yourter12 02-24-2010 08:39 AM

Let's Learn Law! #1 - Copyright AGAIN
 
Mario is copyrighted material. You won't be able to use it. Sorry!

moltanem2000 02-24-2010 08:42 AM

Re: Fun Party Packs
 
Quote:

Originally Posted by yourter12 (Post 285783)
Mario is copyrighted material. You won't be able to use it. Sorry!

lego too, although as long as you don't call it lego you're pretty much fine

yourter12 02-24-2010 09:02 AM

Re: Fun Party Packs
 
Quote:

Originally Posted by moltanem2000 (Post 285784)
lego too, although as long as you don't call it lego you're pretty much fine

I agree. Call Lego something like Meg-o and Mario something else! Be creative!

Julian 02-24-2010 02:27 PM

Re: Fun Party Packs
 
Fangames are generally considered Fair Use (not so much the legal term) of the likeness of a character, I believe. Who made the original work may not accept it, but most people do.

Jamul 02-24-2010 02:34 PM

Re: Fun Party Packs
 
That's incorrect. Whether your game is a "fangame" (is there some legal definition of that?) has nothing to do with anything. If you use someone else's copyrights without their permission, you're infringing. You may not get caught, but if you do, you will have to face lawyer-wrath.

Julian 02-24-2010 03:39 PM

Re: Fun Party Packs
 
I'm not saying you're not infringing, because you are, I'm saying that most people seem OK with it. The thing people are going to have the biggest problem with is blatant copyright infringement: i.e. taking the graphics or music and just using them. Trademark infringement will be secondary to that, but unless they have a trademark on the game's name, the character's name, etc, what can they do about that? The best thing to do would be make a game that's similar but not the same and title it "[game name]: a[n] [original name] fangame" to try to avoid all of that entirely.

Jamul 02-24-2010 04:56 PM

Re: Fun Party Packs
 
That doesn't avoid it entirely (using their name in your title is an infringement - it's trading on their good name). I'm not arguing what you can get away with, I'm telling you what the law is. And they don't have to explicitly put TM on the name to stop you from stealing it!

These kinds of things are important to me because there's nothing BUT misinformation out there about it, and so when I have a chance to stop that on my forum, I will. The truth of IP rules (excepting the DMCA*) is all super simple and very common sense, yet people never know what it is. It all boils down to: if you didn't make it up, you can't use it without the permission of the person who did. The exceptions to that are small (much much smaller than fanboys think or want), but they do exist (to the disappointment of corporate lawyers). They do not help with fangames (they mainly help teachers and journalists to use the information).

Don't try to work out a way to sneak around the basic common sense rules. Just create your own ideas. It's more fun for you, it enriches the culture for everybody, and there's no risk of a lawsuit.


*The DMCA is ridiculous, horrible, draconian, and a tool for corporations to destroy the human race.

Blackduck 02-24-2010 05:45 PM

Re: Let's Learn Law! #1 - Copyright AGAIN
 
If I remember correctly when I was doing research about copyright infringement, you're allowed redrawing characters in your own way in use them legally in the case of parody. I also recall you sometimes being allowed to use a partial amount of somebody Else's work, but the amount depends on the work itself and stuff, and you also can't use it for profit.

Jamul 02-24-2010 05:48 PM

Re: Let's Learn Law! #1 - Copyright AGAIN
 
Parody is one of the exceptions, but it is very hard to do right/legally. Be aware that Weird Al, the king of parody, only makes songs when he gets permission from the people he is parodying! Not because he has to, but because he doesn't want to end up in a bad situation.

And no, you can't use part of someone else's work in any way that would be meaningful. That's the kind of touchy tiny exception that just isn't worth discussing because it gives people the wrong idea. Just stick with the basics - use your own stuff.

Markla709 02-24-2010 07:47 PM

Re: Let's Learn Law! #1 - Copyright AGAIN
 
Yes, Its very hard to do something. They will try to sue for just about anything. :S

seamonkey 02-24-2010 10:16 PM

Re: Let's Learn Law! #1 - Copyright AGAIN
 
HEERRRES Capitalism!
sorry just pointing out how much this system is capitilistic, not that this particular part is bad, however.


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