ModNation Racers Online Discussion

[JellyJugs]

I see alot of Mods and Karts based on shows and game etc how is this not copyright.. just wondering...

[Loco311]

Whether it is copyright or not is debatable since some would argue that it is merely fan art.

Either way though it is non profit so as the owner of the copyright woud you really be all that bothered?

My mod/kart, which I've not actually changed, is metal gear solid's psycho mantis and a foxhound kart. Which has sparked a conversation on numerous occasions pre race and has lead to three people saying they would buy MGS off the store, whether they actually did or not is a totally seperate issue though.

Some mods/karts will eat into profits however, for instance the number of sweet tooth mods published prior to the official DLC release and these have not been removed either.

I wouldn't be concerned if you are worried abut copyright issues though, I highly doubt you're going to get sued.

[fuzzyclutter]

although the characters themselves are copyrighted , and so is "licensed " art associated with said characters . the implementaition of them here fall well within "fair use " exemptions included with copyright laws ...just as you cant be sued for doodling spider man onto a piece of paper ... same goes here .

[McMurphy78]

This is a good question.  Perhaps I am wrong, but wasn't there a big news story write-up about the copyright issues with ModNation Racers.  Unless someone can find it before me, I will see if I can find the appropriate link.

I am guessing, however, that most of it is chalked up as fanfare.

[Wade_VC]

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fuzzyclutter wrote:
although the characters themselves are copyrighted , and so is "licensed " art associated with said characters . the implementaition of them here fall well within "fair use " exemptions included with copyright laws ...just as you cant be sued for doodling spider man onto a piece of paper ... same goes here .

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Fair use, in the legal sense, does NOT include the random use, manipulation or alteration of another copyright holders work. If you use the works or creations of any copyright material(s) without either written permission or the legal aquirements of "permission to use", one is legally stealing and in violation of the Copyright Act of the United States.

Copyright on the Web seems to be a difficult concept for people to understand. If you did not write or create the article, graphic, or data that you found, then you need permission from the owner before you can copy it. Remember, when you use someone's graphic, HTML, or text without permission, you are stealing, and they can take action against you.

Copyright is the right of the owner to reproduce or permit someone else to reproduce copyrighted works. Copyrightable works include:

• literary works such as articles, stories, journals, or computer programs
• pictures and graphics
• blueprints of architecture
• music and song lyrics
• plays and screenplays
• audiovisual recordings such as movies
• sound recordings

If you're not sure if an item is copyrighted, it probably is.

Reproduction can include:

• printing a Web page
• copying the HTML, JavaScript or other code of a page
• downloading an image to your hard drive
• printing an image

Now in the case of those creations found on ModNations, it is UFG who would be held liable for allowing such if the copytight holders wish to file complaints.

[fuzzyclutter]

the thing is your not stealing graphics . your using graphics derived and licensed from modnation to "doodle " a near replica . if say modnation allowed texture imports and sombody imported a direct copy of spider mans suit , then thats a violation ... and thats whats key ... the term Direct Copy ... or else any child who so much as drawn spider man on their notebooks could be sued . none of the mods or karts or parts of them are direct copies of anything copyright protected .

[Wade_VC]

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fuzzyclutter wrote:
the thing is your not stealing graphics . your using graphics derived and licensed from modnation to "doodle " a near replica .

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That would be akin to saying: "I created a graphic/image/likeness using a program, pencil or paint that others provided me, therefore it is not a violation of copyright."

Yes, it is.

"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

Disney Corporation is notorious for going as far as suing schools who paint likenesses of their characters on walls. These characters were "created" using supplies offered by the schools. The materials were not he issue, it was what was "created" with them, in this case, copies, replicas or liknesses of copyrighted works.

If the ORIGINAL idea, creation, doodle, drawing, painting, sketch, creation is not your intillectual property and you are not the ORIGINAL copyright holder, you do not have a legal right to use, create, re-create, manipulate, alter or borrow it in any shape or form.

Will anything come of it in MNR...doubtfully. But even if it did, as stated earlier, it would be UFG that would need to deal with it, not the end user/player.

[fuzzyclutter]

oh yeah .. i know what your saying , and admittafly it is a "grey "area . here is what im talking about . http://www.copyright.gov/fls/fl102.html . that is true about disney , i do believe thats why fair use exemptions were created .

[fuzzyclutter]

interestingly enough , some individuals here have been crooning for the abiility to make their sticker designs as one . and it will probably never happen . so long as the designs maintain their individuality , and just exist as a collection of shapes , they comply with fair use and may not even have to coomply with the exemptions beings that they are mere collections , and ideas by themselves cannot be copyrighted . nice convo , but i have to go to work .

[Wade_VC]

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fuzzyclutter wrote:
oh yeah .. i know what your saying , and admittafly it is a "grey "area . here is what im talking about . http://www.copyright.gov/fls/fl102.html . that is true about disney , i do believe thats why fair use exemptions were created .

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Indeed, but if you research "Fair Use", it applies only to Literary works (the written word), and not to images, graphics, stills, photographs, illustrations, movies or any other graphical depiction, real or imagined.

As a Commercial Production Artist for 20 years, Copyright Laws are something that I have become quite familar with over the years; and I can't tell you how many folks have lost Copyright Infringment suits by our firm trying to claim "Fair Use".