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Geek Culture / works based on copyright stuff: all rights reserved?

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mr Handy
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Posted: 14th Dec 2012 22:26 Edited at: 14th Dec 2012 22:28
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Hi people. I want to ask a serious question. It is important. so any law (or else) source is highly appreciated.

The question is about works based on copyright stuff. Fan works of course.

We all know that all original characters, their names and other stuff like logos are protected, 'respective' owners blah blah blah. So if somebody makes something using that copyright stuff (a game), he (she) will be asked to stop and remove everything from public access.

But what about works that using only style or setting?
The best example is, of course, MLP. With plenty of copyright issues. Some games have a great visual style, like Psychonauts.

Is it legal to make a unique game that uses (copies) only the visual style or setting or "music style"?

P.S. of course I don't mean use of original art (models, textures).
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PAGAN_old
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Posted: 15th Dec 2012 23:24 Edited at: 15th Dec 2012 23:24
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cant give you a sourse but i think unless you are Apple Corporation no-one would bother trying to make a big deal out of copying someones style. Still if you are copying someones style it would be a good idea to at least try to give it some unique design bits.

There seem to be plenty of games that copy each others style. I recentley played a game called Kingdoms of amalur that was designed by people who worked on morrowind and oblivion. Even tho its a single player game, the visual design reminded me too much of World of warcraft visual style. Noone seemed to complain and the game turned out to be really awesome, too bad the company went bankrupt after releasing it.

so in the memory of this short lived company which came out with an amazing game, i highly reccomend this game to everyone.

as for MLP FiM visual style, cant say because i haven seen anything quite like that style before.

dont hate people who rip you off,cheat and get away with it, learn from them
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Quik
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Posted: 16th Dec 2012 04:49
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Quote: "Kingdoms of amalur that was designed by people who worked on morrowind and oblivion. Even tho its a single player game, the visual design reminded me too much of World of warcraft visual style."


Nothing alike, atleast in my opinion.. but each to his/her own I guess



Whose eyes are those eyes?
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PAGAN_old
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Posted: 16th Dec 2012 05:33
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Quote: "Nothing alike, at least in my opinion.. but each to his/her own I guess"

I guess youre right it looks a lot prettier than WoW but i still see the basic resemblance.

dont hate people who rip you off,cheat and get away with it, learn from them
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Quik
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Posted: 16th Dec 2012 13:42
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basic resemblence: every game with "handpainted - Darksouls 2, torchlight, wow - etc

but still - they have their unique twists to it.



Whose eyes are those eyes?
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mr Handy
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Posted: 16th Dec 2012 19:47 Edited at: 16th Dec 2012 19:47
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On topic: TheComet, for example, have Ponycraft project that violates copyright because of original characters. And many other MLP games too. But if we remove all original characters, names (like Ponyville) and noticable objects - will it be okay for copyright holders?
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Airslide
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Posted: 16th Dec 2012 20:23
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Disclaimer: I am not a lawyer.

In the case of fan fiction or a fan game or the like, it is going to depend a lot on the copyright holder in terms of what you can get away with. Typically, if you expand their universe in an unofficial, low-key and non-commercialized way it isn't going to be an issue. Take, for instance, Black Mesa - the Half Life 2 modification that recreated Half Life 1. As a remake it obviously takes almost everything that makes HL1 what it is and uses it, and Valve's answer was that so long as it remains free then they have no issue. Most companies would probably object to a flat-out remake, but something tangentially related is usually not a problem.
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mr Handy
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Posted: 17th Dec 2012 01:38
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There was a MLP card game, a parody on Magic the gathering, it was free but it was closed.
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Airslide
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Posted: 17th Dec 2012 01:55
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LIke I said, it depends a lot on the company and what exactly you are aiming to do. There's no really good way to figure it out without perhaps contacting the company in question (if they bother responding).
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TheComet
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Posted: 17th Dec 2012 09:30
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This thread is about my project? Oh the honour.

I've looked into it a bit, and PonyCraft is far enough away from the original to not violate anything, except for their names. So if I ever do get an e-mail from the copyright holders, changing my character's names will be enough to get me onto the safe side.

As to styles and settings, if you make it from scratch you're pretty much safe (at least in my country).

TheComet

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mr Handy
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Posted: 17th Dec 2012 16:56
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Quote: "except for their names"

And models Twilight and Derpy.

Quote: "This thread is about my project?"

Yeah. Also I am worry about Fighting is Magic
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Quik
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Posted: 17th Dec 2012 21:16
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Quote: "Yeah. Also I am worry about Fighting is Magic "


that one - and the gokart game - is so well known and has been around for so long that they SHOULD have acted by now if that were the intentions



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mr Handy
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Posted: 17th Dec 2012 21:27
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they have not been released to public yet (AFAIK)
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Quik
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Posted: 17th Dec 2012 22:10
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no - but there's a ton of videos out there and theyre both quite well known, is what I meant - they will be released public once released as far as I know, most projects - if well known, are shut down before release



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mr Handy
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Posted: 17th Dec 2012 23:22
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But if such a project apperars on a kickstarter..?
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TheComet
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Posted: 18th Dec 2012 00:02
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Quote: "And models Twilight and Derpy."


Nope. If I change their names, they don't infringe copyright.

TheComet

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mr Handy
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Posted: 18th Dec 2012 09:45
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@TheComet

That's odd. I thought if you make a game about spider-man but name him web-man, it will not work.
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Quik
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Posted: 18th Dec 2012 11:35
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Quote: "But if such a project apperars on a kickstarter..?"


then you trying to make money of off it, thats a strict nono



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mr Handy
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Posted: 18th Dec 2012 14:04
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@Quik
Okay, why?
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Quik
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Posted: 18th Dec 2012 14:14
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Because said projects uses copyrighted material - characters

now - just using the same style as MLP
Quote: "Nope. If I change their names, they don't infringe copyright."


So youre saying I can take a whole game, rename it and everything in it - and rerelease it? No, see the characters - design wise are copyrighted.

from wikipedia:
Quote: "Scope

Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by jurisdiction, but these can include poems, theses, plays, other literary works, movies, dances, musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts, and industrial designs. Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions.[16][17]
"


and no, thats not limited to wikipedia - that information is everywhere. Basicly, as soon as you create something - that is original and unique to some degree, it's in most countries automaticly protected by copyright. I imagine it works differently for works created in US.

But the main point is: Anything you make, that is unique - and original - is copyrighted. Thus - the design for those characters do stand under copyright law.



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mr Handy
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Posted: 18th Dec 2012 14:20
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And if, for example, Fighting is Magic will preplace all characters by fan-made characters that never appeared in the show? Then their design would be
Quote: "that is unique - and original - is copyrighted"

to fans?
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tha_rami
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Posted: 19th Dec 2012 03:58
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Ideas, concepts, styles and abstracts are not protected by law. Executions of said ideas, concepts, styles and abstract are by default protected by law.

In other words, feel free to imitate but don't even think of ripping a single thing. Whether it is a name, a line of dialogue, a texture or a sound effect.

Better yet: be inspired. Look at the specific thing that impressed you and ask yourself what the questions were the creators asked themselves - and what the answers were. Try changing either the question or the answer and create your own things depending on those.

Business guy and developer at [url]www.vlambeer.com[/url] - bringing back arcade since 1956.
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mr Handy
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Posted: 19th Dec 2012 07:25
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Some offtopic question: is there any (good) FAN game that is commercial and not asquired by original copyright holder?

*** Merry Chuckmas! ***
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