So without being so specific, here is an example:
lets say you want to put nyan cat in the game:
but you don’t want to pay license fees so you make a rip off version:
(not mine)
Is this technically fair use or a copyright violation?
Is it a copyright violation if i try to sell it?
Yes I know you guys arent lawyers but I’m sure some of you have a better idea than i do.
You know we’re not lawyers, but you ask us anyways for law advice?
I’ll give a similar answer to the one I posted here:
https://forums.coronalabs.com/topic/73153-using-copyrighted-music/#entry384744
Try searching YouTube for ‘Fair Use’
Better yet, ask a lawyer.
I don’t think your example is OK, whereas in the other post I did think his idea was. Since I’m not a lawyer, both answers could be wrong.
Question:
Is Nyan Cat Copyrighted? Maybe that should be the first question.
Is it worth the blowback from a community of Nyan cat lovers (or whatever community applies) to blatantly rip off someone’s art/concept? Probably not.
The lines are very blurry today and it is very confusing because too many game developers exercise no ethical standards when making clones and copies of games then trying to sell them.
While I believe it is perfectly OK to clone a game for learning purposes, it is not OK to sell it. You must do something to improve on the original concept.
The same reasoning applies to all content that results from the risky hard work of an original author. Use it as a basis for your start, but improve upon it before trying to profit.
PS - I currently have a clone that (in a sense) violates my own stated standard: https://play.google.com/store/apps/details?id=com.roaminggamer.lavaishot
I have this game as a demo for a template that I’m experimenting putting up on Chupamobile. If the experiment doesn’t go well I’ll be taking it down or making improvements to it. Having it as a demo is one thing, but I’m still bothered by the fact that it doesn’t do much to change the original concept.
I think Nyan Cat is copyrighted but I don’t know to what extent.
I just used it as an example.
So I guess its better to just ask for permission.
I was going to use a copyrighted material (similar to nyan cat) as a character skin but i figure that I would have to get a commercial license.
This is really a topic that no one here can answer for you. First, copyright rules vary from country to country. “Fair use” I don’t think would apply here. Fair use has to do with using it in educational or editorial situations. That is a college professor could take a screenshot from a game and use it in a presentation to talk about the game. That is fair use. Or if a newspaper is writing a review of your game, they could use your app icon in the review. Fair use would not apply to cloning a game.
Also, you should learn about the different intellectual property (IP) protections. Copyrights are different from Trademarks, which is different than Patents.
There is also a difference between “Illegal” and “Unethical”. There is also a difference between criminal and civil when you talk about the term “illegal”.
I think most people here would support being ethical and suggest coming up with your own ideas.
Rob
You know we’re not lawyers, but you ask us anyways for law advice?
I’ll give a similar answer to the one I posted here:
https://forums.coronalabs.com/topic/73153-using-copyrighted-music/#entry384744
Try searching YouTube for ‘Fair Use’
Better yet, ask a lawyer.
I don’t think your example is OK, whereas in the other post I did think his idea was. Since I’m not a lawyer, both answers could be wrong.
Question:
Is Nyan Cat Copyrighted? Maybe that should be the first question.
Is it worth the blowback from a community of Nyan cat lovers (or whatever community applies) to blatantly rip off someone’s art/concept? Probably not.
The lines are very blurry today and it is very confusing because too many game developers exercise no ethical standards when making clones and copies of games then trying to sell them.
While I believe it is perfectly OK to clone a game for learning purposes, it is not OK to sell it. You must do something to improve on the original concept.
The same reasoning applies to all content that results from the risky hard work of an original author. Use it as a basis for your start, but improve upon it before trying to profit.
PS - I currently have a clone that (in a sense) violates my own stated standard: https://play.google.com/store/apps/details?id=com.roaminggamer.lavaishot
I have this game as a demo for a template that I’m experimenting putting up on Chupamobile. If the experiment doesn’t go well I’ll be taking it down or making improvements to it. Having it as a demo is one thing, but I’m still bothered by the fact that it doesn’t do much to change the original concept.
I think Nyan Cat is copyrighted but I don’t know to what extent.
I just used it as an example.
So I guess its better to just ask for permission.
I was going to use a copyrighted material (similar to nyan cat) as a character skin but i figure that I would have to get a commercial license.
This is really a topic that no one here can answer for you. First, copyright rules vary from country to country. “Fair use” I don’t think would apply here. Fair use has to do with using it in educational or editorial situations. That is a college professor could take a screenshot from a game and use it in a presentation to talk about the game. That is fair use. Or if a newspaper is writing a review of your game, they could use your app icon in the review. Fair use would not apply to cloning a game.
Also, you should learn about the different intellectual property (IP) protections. Copyrights are different from Trademarks, which is different than Patents.
There is also a difference between “Illegal” and “Unethical”. There is also a difference between criminal and civil when you talk about the term “illegal”.
I think most people here would support being ethical and suggest coming up with your own ideas.
Rob