Hello,
I just was wondering about a free game with commercial material, for example about cartoons or films characters. In this case I’m sure it’s legal but I also saw many apps like that containing ads! It means the indie developpers get money thanks to copyrighted famous material. How is it possible? Do you think it’s still legal? [import]uid: 107239 topic_id: 34336 reply_id: 334336[/import]
In most cases it’s probably illegal but the company’s owning the copyright material aren’t bothering to send lawyers after them.
Here is a blurb regarding US Fair Use laws
"the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work"
There is a slight grey area but I am sure most apps aren’t using the material for research, reporting or criticism in which case it violates US copyright laws.
If you want to make money off the apps and avoid trouble then make sure you have the appropriate licensing for any images you use. In most cases you will just receive a cease and desists letter from a lawyer but they could come after you and say ‘We would have let him use the licenses for $10,000 per download’ and now you are in a nasty legal battle with people who most likely have an army of lawyers. [import]uid: 147305 topic_id: 34336 reply_id: 136469[/import]
Thank you for all the explanations.
Yes, in any cases it’s better to avoid. Of course for “some” downloads I don’t think it’s dangerous but if you make a hit thanks to the copyrighted images it becomes risky to add ads to the free app! [import]uid: 107239 topic_id: 34336 reply_id: 136472[/import]
If you make a non-profit app that isn’t covered under Fair Use then you can still land yourself in hot water. [import]uid: 147305 topic_id: 34336 reply_id: 136500[/import]
In most cases it’s probably illegal but the company’s owning the copyright material aren’t bothering to send lawyers after them.
Here is a blurb regarding US Fair Use laws
"the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work"
There is a slight grey area but I am sure most apps aren’t using the material for research, reporting or criticism in which case it violates US copyright laws.
If you want to make money off the apps and avoid trouble then make sure you have the appropriate licensing for any images you use. In most cases you will just receive a cease and desists letter from a lawyer but they could come after you and say ‘We would have let him use the licenses for $10,000 per download’ and now you are in a nasty legal battle with people who most likely have an army of lawyers. [import]uid: 147305 topic_id: 34336 reply_id: 136469[/import]
Thank you for all the explanations.
Yes, in any cases it’s better to avoid. Of course for “some” downloads I don’t think it’s dangerous but if you make a hit thanks to the copyrighted images it becomes risky to add ads to the free app! [import]uid: 107239 topic_id: 34336 reply_id: 136472[/import]
If you make a non-profit app that isn’t covered under Fair Use then you can still land yourself in hot water. [import]uid: 147305 topic_id: 34336 reply_id: 136500[/import]