on 22-08-2010 01:34 PM
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.
on 23-08-2010 01:32 AM
on 23-08-2010 08:51 PM
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.
on 24-08-2010 03:46 AM
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 .
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:
If you're not sure if an item is copyrighted, it probably is.
Reproduction can include:
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.
on 24-08-2010 05:19 AM
24-08-2010 06:08 AM - edited 24-08-2010 06:21 AM
the thing is your not stealing graphics . your using graphics derived and licensed from modnation to "doodle " a near replica .
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.
on 24-08-2010 07:32 AM
on 24-08-2010 08:29 AM
24-08-2010 09:07 AM - edited 24-08-2010 09:11 AM
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 .
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".
Website ©2013 Sony Computer Entertainment Europe
All content, game titles, trade names and/or trade dress, trademarks, artwork and associated imagery are trademarks and/or copyright material of their respective owners. All rights reserved. [more info]