Fan Art A Wife And Mother Fan Art

4.60 star(s) 11 Votes

Penfold Mole

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Respected User
May 22, 2017
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is there like a thread for fan games of awam, or do i have to scroll all these pages to find
somewhere in the previous 100 pages is a list. But, you may enjoy the scrolling. Just do 20 pages a day or so. It will go by nearly as fast as the fapping. :LOL:
That, by all means :sneaky:
Or you could at least try to be clever and use thread search of some related words like 'game' or smth.

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You have to set 'Search Options' to 'most recent' in your account preferences to get results sorted by date.
 
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m4dsk1llz

Engaged Member
Feb 13, 2019
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Please note that I am not a lawyer, but I played one in a High School play. :whistle:
There is a lot incomplete information here with the discussion of protecting ones images. First off, let's just talk about how we got to any of the characters. These are all fan created works, I don't think anyone on this thread actually got the exact recipe from L&P. Reverse engineering does not automatically mean "infringing".

Now we move on to actual protections under law. Under 17 U.S.C. § 501, an artist who copies a copyrighted artwork commits copyright infringement because the artwork they copied qualifies as a “pictorial” work of art under §102. However, it is important to know whether the designs that the artist copies are registered with the U.S. Copyright Office. Yet, while registration is voluntary, and copyright exists from the moment the work is created, the design does need to be registered to bring a lawsuit for infringement of work.

More specifically, to bring any legal action to enforce the copyright, you need a copyright application with the US Copyright Office—there is no common law right to sue for copyright infringement. If the image is registered, then its owner also has rights to “derivative work” under §101 and §106, so the artist who copied the image does not have the right to create and sell their derivative work.

But, no protection is available for unregistered designs. While the UK has design rights akin to copyright, design rights in the US are related to patents and must be registered in a design patent application at the USPTO. Unless the image that the artist is copying is registered with the US Copyright Office, the other artist cannot seek a court order restricting its use. Remedies such as injunctions or damages would only be available if the design is registered.

Most people just know the first part of this, so they assume that every derivative work is infringing, in some manner or another. While that notion will always keep you safe from legal action, it actually isn't completely correct. L&P would have to register his images, and that means every one in his VN, which has the character he wants to protect, or at the very least the actual 3D model used, with the US Patent and Trademark Office. I would bet that was never done. So while you may find that Phoenya selling images on his Patreon of his interpetation of Sophia might not be to your liking, I am not sure if it is technically illegal. But I am also not sure it is a fight worth having if L&P reports the "infringement" to Patreon itself.

Then we move on to the topic of "Fair Use", but that is a whole other can of worms.
 
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m4dsk1llz

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Feb 13, 2019
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Fair use would never include making money off of someone else's IP. Copyright... is copyright... you aren't limited by not registering. You just need to prove the image copied and used to make $$$ from is your IP... and I think posting it on AWAM forum and claiming it is a character from your game, then reposting the same information on Patreon where you are also asking for money for it... would more than qualify as evidence.

Copyright is COPYRIGHT... and fair use would NEVER cover making money off of someone else's IP. Fair use would cover things like a review of the game, a news article etc.
That still doesn't change the fact that L&P can seek NO LEGAL REMEDY if the art is not registered. It really doesn't matter if YOU think it is still infringing. If the law doesn't think so then plain and simple, it isn't. So you can claim copyright and to a certain extent you have it as soon as you create a work, but and this is a big but, there is no legal recourse if it is not registered.

Now you will probably tell everyone here that Patreon will remove the infringing material if L&P asks, and just like Youtube and other social sites, they will, none of those sites substitute removal of material as a legal opinion about whether or not an item is infringing. They remove the material then place the entire burden on the contributor to prove that it is not infringing. These networks do it because they are covering their asses, not because the material is actually infringing, and for the most part, they want no part of that proceeding.

Also I didn't discuss fair use because that is a completely different topic and another mess as I mentioned. Why the **** do you need to take everything so damn literal?

In the end I am not here to change your mind, as you seem to already have decided guilt and innocence and you even went so far as to place Phoenya on your IGNORE list or at least threatened to do so. Just stop for a moment and consider that you might not have all the facts and that things are not as clear cut as you would like them to be.
 
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m4dsk1llz

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Feb 13, 2019
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There might be some justification to claiming FAIR USE. If the derivative artwork is transformative in nature, which could include putting the character into situations pictorially that the original author would never do or never intend to do you might be able to claim that the work is transformative. FAIR USE does not equal just reviews or a news article. Also FAIR USE does not preclude making money. I have no idea where you got that notion from.

A common misconception is that any for-profit use of someone else's work is not fair use and that any not-for-profit use is fair. In actuality, some for-profit uses are fair and some not-for-profit uses are not; the result depends on the circumstances. Courts originally presumed that if your use was commercial it was an unfair exploitation. They later abandoned that assumption because many of the possible fair uses of a work listed in , such as uses for purposes of news reporting, are conducted for profit.

Again, L&P can't do legal shit if it isn't registered with the USPTO.

One last point, Phoenya please don't think for a minute that I am taking an us vs them side in this matter. My own personal opinion is that you made a mistake in naming your character on your Patreon page Sonya and listed it as a character from AWAM. But I also think it is unfair that too many of us are ready with our axes and pitchforks and torches to burn you at the stake in the center of town.

Rarely do I visit this thread as I am not enamored with the characters in this VN, but as someone who avails themselves of the protections provided by copyrights, when I see some discussion about it I believe I can add some insight. I will crawl back into my hole now and frequent the threads that better appeal to my liking.
 
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ghost1122

Member
Oct 23, 2019
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what I don't understand about this copyright issue is that I can buy EJ Adora For Genesis 3 Female(s) from the creators Emma and Jordi for $15 and L&P doesn't own the name Sophia. So how is making a picture using Sophia as a name copyright against L&P. Be gentle I'm just off a 12 hour work shift. lol
 

WhiteWolf619

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Jul 21, 2018
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what I don't understand about this copyright issue is that I can buy EJ Adora For Genesis 3 Female(s) from the creators Emma and Jordi for $15 and L&P doesn't own the name Sophia. So how is making a picture using Sophia as a name copyright against L&P. Be gentle I'm just off a 12 hour work shift. lol
Anyone can you use the Ej Adora character, as L&P doesn't own the rights to it, what the issue is what i was originally saying is that if you are going to create the character and name her Sophia and tag it as AWAM also known as a wife and mother, and try to make money off it, i am no legal expert but L&P did go after another creator who tried to do the same, all i was saying in my original post was just be careful.

But as the artist responded back that he doesn't care if L&P comes after him, then that is his decision.

I wasn't trying to turn this into some great legal battle or anything, i was just saying was to be careful.
 
4.60 star(s) 11 Votes