38 replies to this topic

[bob345]

Is this a legal way to add in heros it seems alot like porting



I'm really sorry to be asking this


this is not an accusation I'm just curious

sorry
I know I've asked something like this and the responses I got explained well why what I asked was legal
but some how I started worrying again, and I figured the only way to solve it is ask

Please respond


the only reason I ask is because sinse I'm not a modder I don't completly know the laws you need to follow when modding and I really don't want to do any thing illegal

Thanks and sorry for asking

[Kitkun]

Depends on the picture. As I understand it, most images from official Star Wars sources can be used via various licensing agreements and laws.
If it's by an independent artist who hasn't stated their position, ask.

[feld]

Is this a legal way to add in heros it seems alot like porting



I'm really sorry to be asking this


this is not an accusation I'm just curious

sorry
I know I've asked something like this and the responses I got explained well why what I asked was legal
but some how I started worrying again, and I figured the only way to solve it is ask

Please respond


the only reason I ask is because sinse I'm not a modder I don't completly know the laws you need to follow when modding and I really don't want to do any thing illegal

Thanks and sorry for asking

Can you be more specific as to your concern?

Are you concerned that using the graphics made by other people not specifically for this mod might be illegal?

[bob345]

Can you be more specific as to your concern?

Are you concerned that using the graphics made by other people not specifically for this mod might be illegal?

I'm concerned that using pictures from the movies, comics and wookiepedia could be illegal because it seems kinda of like porting


thanks

Edited by bob345, 23 January 2009 - 08:15 PM.

[feld]

Can you be more specific as to your concern?

Are you concerned that using the graphics made by other people not specifically for this mod might be illegal?

I'm concerned that using pictures from the movies, comics and wookiepedia could be illegal because it seems kinda of like porting

Generally, I believe images fall under the fair use doctrine (wikipedia definition). This doctrine allows you to copy, redistribute, and change someone's copyrighted content if you meet certain criteria.

"Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. The term "fair use" originated in the United States, but has been added to Israeli law as well; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright."

This is what wookiepedia cites whenever it uses images from a copyrighted source (like a movie or book). See, for example, here on wookie for the citation of Isard's picture that I'm working with.

Now, that said, modders tend to give credit and take care of the legal stuff in the 'readme" files for their mods. I know PR gives credit to all the modellers that he borrows models from and cite's Lucasfilm's Starwars copyright in the current version of the "readme". I suppose he could make a "fair use"-like statement like wookiepedia does...but it doesn't appear to be required. Fair use (according to the wikipedia article cited above) appears to be more of a defense if you get sued than a set of rules or statements that you must append to content.

I'm no lawyer, but hopefully that helps. As always, if you're uncomfortable...you shouldn't participate.

r/
feld

[bob345]

Generally, I believe images fall under the fair use doctrine (wikipedia definition). This doctrine allows you to copy, redistribute, and change someone's copyrighted content if you meet certain criteria.

"Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. The term "fair use" originated in the United States, but has been added to Israeli law as well; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright."

This is what wookiepedia cites whenever it uses images from a copyrighted source (like a movie or book). See, for example, here on wookie for the citation of Isard's picture that I'm working with.

Now, that said, modders tend to give credit and take care of the legal stuff in the 'readme" files for their mods. I know PR gives credit to all the modellers that he borrows models from and cite's Lucasfilm's Starwars copyright in the current version of the "readme". I suppose he could make a "fair use"-like statement like wookiepedia does...but it doesn't appear to be required. Fair use (according to the wikipedia article cited above) appears to be more of a defense if you get sued than a set of rules or statements that you must append to content.

I'm no lawyer, but hopefully that helps. As always, if you're uncomfortable...you shouldn't participate.

r/
feld

does this mean this is a legal way to make hero icons

[Kaleb Graff]

I'm pretty sure it does. This isn't for profit, and the images come from wookiepedia, which is probably at least a tact release, because of popularity.

[bob345]

Ok that makes sence I guess I was wondering because if it is illegal to use a floor pattern from Kotor 2 in Kotor 1 I didn't know if it would be the same with pictures from comics Wookiepedia, and the movies.

[feld]

Ok that makes sence I guess I was wondering because if it is illegal to use a floor pattern from Kotor 2 in Kotor 1 I didn't know if it would be the same with pictures from comics Wookiepedia, and the movies.

Kotor is different. I think a different company made Kotor2 and both of them were making them for profit. The corporate nature and profit motive make it different

[bob345]

Ok that makes sence I guess I was wondering because if it is illegal to use a floor pattern from Kotor 2 in Kotor 1 I didn't know if it would be the same with pictures from comics Wookiepedia, and the movies.

Kotor is different. I think a different company made Kotor2 and both of them were making them for profit. The corporate nature and profit motive make it different

the movies, comics and picures on Wookiepedia weren't made by pytroglyph, and then how would using Evillejedi's models for the Homeworld 2 mod ,Warlords, in EAW be legal?

Edited by bob345, 23 January 2009 - 10:13 PM.

[Kitkun]

Last I checked, Eville gave permission to do so, plus neither Warlords or PR are for profit. Petroglyph doesn't really enter here because the other content was not released as part of the original for profit game. Petroglyph isn't making or supporting PR, or any other mod for that matter.

Edited by Kitkun, 23 January 2009 - 10:17 PM.

[feld]

Ok that makes sence I guess I was wondering because if it is illegal to use a floor pattern from Kotor 2 in Kotor 1 I didn't know if it would be the same with pictures from comics Wookiepedia, and the movies.

Kotor is different. I think a different company made Kotor2 and both of them were making them for profit. The corporate nature and profit motive make it different

the movies, comics and picures on Wookiepedia weren't made by pytroglyph, and then how would using Evillejedi's models for the Homeworld 2 mod ,Warlords, in EAW be legal?

Did you happen to read that link to "fair use" rules in wikipedia in my first post? I *think* that answers your question...but it's fairly lengthy and I won't reproduce it here...but because PR isn't making a profit, because he credits Lucasfilm/Petroglyph/modellers (like EvilleJedi) for their work and because his making the mod doesn't hurt the anyone's sales, it seems like what he does falls under "fair use".

One can actually argue that the mod *enhances* sales of FOC because I only bought the expansion to play the mod. Vanilla was useless to me.

I'm curious...this is the second or third time that you've asked about a legal issue which at first glance you've got no liability in. Is there some particular reason that you are concerned for yourself or are you just asking for PR's sake?

r/
feld

[bob345]

I'm curious...this is the second or third time that you've asked about a legal issue which at first glance you've got no liability in. Is there some particular reason that you are concerned for yourself or are you just asking for PR's sake?

r/
feld

The only reason I ask is because I've never wanted to do anything illegal and not completely knowing what falls into the catagory of porting it's easy for me to start worrying about it.


I'm sorry I keep asking if this is legal.

[feld]

I'm curious...this is the second or third time that you've asked about a legal issue which at first glance you've got no liability in. Is there some particular reason that you are concerned for yourself or are you just asking for PR's sake?

r/
feld

The only reason I ask is because I've never wanted to do anything illegal and not completely knowing what falls into the catagory of porting it's easy for me to start worrying about it.


I'm sorry I keep asking if this is legal.

<grin> you're not going to annoy *me*. I applaud your conscienciousness.

r/
feld

[bob345]

I never wanted to annoy people I'm just asking out of cureosity

[Kaleb Graff]

One can actually argue that the mod *enhances* sales of FOC because I only bought the expansion to play the mod. Vanilla was useless to me.

Ditto. I played FoC for about 3 days before switching to PR, and I haven't played it since.

[bob345]

I read over the Fair Use artical on Wikipedia a few more times and I guess it does show that this is legal


thanks for the help

Edited by bob345, 26 January 2009 - 02:25 AM.

[Pred the Penguin]

If I were you guys, I wouldn't worry about it too much.

The only problem we're capable of facing s a C&D from LucasArts.
Besides, we're low profile, and the very most we'd need to do is remove copyrighted music. =\

"it's true that Lucasarts normally doesn't get in the way of fan projects, but they did interfere a bit with Galactic Conquest (SW mod for BF1942). It seems they only care when a free mod might give serious competition to a product they're going to release (Battlefront)."

This is from a lead of a mod.

[feld]

"it's true that Lucasarts normally doesn't get in the way of fan projects, but they did interfere a bit with Galactic Conquest (SW mod for BF1942). It seems they only care when a free mod might give serious competition to a product they're going to release (Battlefront)."

This is from a lead of a mod.

Yeah...and we know Lucasarts won't be releasing anything like PR anytime soon...because PR actual has Star Wars in it.


Sorry....had to say it. It's a little unfair.

Edited by feld, 27 January 2009 - 11:20 PM.

[SpardaSon21]

You mean PR has actual Star Wars that doesn't suck. Technically, thanks to Lucas's senility, Episodes 1, 2 and 3 are Star Wars. Doesn't change the fact that they aren't good Star Wars.

If LucasArts keeps churning out crap, things are looking great for the mod scene.

This, the Battlefield mod, stuff for Jedi Academy, a CW mod for HL2, and there's even a TIE Fighter/X-Wing remake that uses the FS2_Open engine. As long as Lucas lets crap get released, the modders can keep making their superior work.