on 25-08-2010 04:05 AM
on 25-08-2010 01:14 PM
im reading "works" in the law . and although the dang thing reads like ancient egypt hyraglyphrics , i did catch "parody " , which reminded me of Mad Magazine Which quite often reduplicates near likeness's of copyrighted matierial .
Yes, and one of Mad Magazines best known artists, Don Martin, has said several times in many interviews that there were so many ideas and sketches that could not be used becasue they could not secure permission to use the likenesses of others so portrayed in the strips.
and i might add that these are not images , or graphics copied directly from any copyrighted matierial , in their current state they are primitives (which cannot be copyrighted ) . yeah ... UFG is a young developer , however theirs another entity involved .. SONY . hardly a newbie to copyright law , i could see it being a problem had any of these mods contained within them any copy protected source matierial (as they are , they are nothing but collections of primitives, or were being sold . but I'm certain sony did their homework.... cause they certainly protect their own stuff like a crackhead protects his stash ..LOL
It does not matter WHAT you use. You can call them "primitives" or whatever else, the END result is a replicated likness of a copyrighted work.
"As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner". - USCA, Chapter 1
A few other legal, industry and gaming sites are taking note as well:
** "What ModNation Racers brings to the genre is loading screens and rampant copyright infringement."
** "My only fear about ModNation Racers is that copyright will soon prevail and Sony will go in and remove a lot of the copyrighted materials created by its users from the game's online network. ModNation provides a good mix of madcap weapon-based racing action with actual depth, and the sort of gleeful large-scale copyright infringement that only user-generated content can provide. As long as Sony's legal department doesn't get involved"
** It's not clear how the developers at United Front Games and Sony are planning to deal with copyright infringing user created content (judging by the Little Big Planet example, everything that is questionable might disappear)
** Once again, the toolset is simple but the flexibility is remarkable. Just take a look at some of the user created content, I bet you never thought you would see Link or Snake appearing in ModNation Racers, yet here they are.
It’s a copyright infringement wonderland!
on 26-08-2010 01:37 AM
on 26-08-2010 02:08 AM
on 26-08-2010 11:07 AM
A design shall not be deemed to have been copied from a protected design if it is original and not substantially similar in appearance to a protected design.
Take special note of the phrase : if it is original and not substantially similar in appearance to a protected design.
Similar in appearance is a very broad term used for additional protection of the copyright holder.
Yes, a short, fat Spiderman would apply as it would be recognized as what it is similar to; a copyrighted work.
Look up how many lawsuits Stan Lee and Marvel Comics Inc have filed against those who have used Spiderman (or similar likenesses) without consent.
Bottom line is, if you use, or create anything that is based from a copyright protected work, YES, it is indeed copyright infringement.
"U.S. Copyright law is quite explicit that the making of what are called "derivative works" -- works based or derived from another copyrighted work -- is the exclusive province of the owner of the original work. This is true even though the making of these new works is a highly creative process."
on 27-08-2010 01:36 AM
on 27-08-2010 01:38 AM
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